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Paradise Lost, the Tyranny of Conformity: The illegal destruction of my naturalized garden by the City of Winnipeg.

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Natural Gardener Vindicated

by Michelle Campbell

A Quebec gardener fighting for the right to grow a meadow was convicted of growing "grass" too long. She was vindicated when the Superior court quashed the conviction of a municipal court.

Press Release: October 16, 2001

Chelsea, Quebec: Natural gardener, Jill Rick, has been acquitted of the charges against her for growing the grass in her professionally landscaped meadow garden too long. Rick was found guilty in Municipal Court on January 25th 2001. M. Justice Orville Frenette of the Quebec Superior Court heard the appeal on September 19, 2001 and overturned the conviction.

Rick was first fined last fall under Chelsea's nuisance by-law. She refused to pay the fine, believing that such a by-law violated her right to freedom of expression.

"I didn't want a manicured lawn that required extensive watering, cutting, and pesticides. I wanted a space my children could play in and also learn about nature," said Rick. "I shouldn't be penalized for having environmental values."

While the court case dragged on, the municipality repealed the section of the nuisance by-law that restricted grass height.

"But I continued on with the court case because I wanted the legal precedent confirming that such a by-law is vague and difficult to enforce," continued Rick.

The Canadian Environmental Defence Fund (CEDF) has been helping Rick with her case since last March.

"We are very pleased with the outcome, but it just doesn't seem right that an environmentally-conscious citizen, a mother of four, had to go through all this hassle to protect her garden," said Michelle Campbell, Director of the CEDF's Citizen Support Programme. "Municipalities should be giving awards to people like Jill, not punishing them."

Benoit Duchesne of the law firm Perley-Robertson, Hill & McDougall, based in Ottawa, acted as the lawyer on the case.

Founded in 1985, the CEDF is the only non-profit organization that directly gives Canadians the tools and knowledge they need to protect and improve the environment. The CEDF previously provided legal counsel for Sandy Bell, an Ontario gardener who won a constitutional challenge for her right to grow a natural garden in downtown Toronto. Currently, we are assisting citizens in Winnipeg and Toronto protect their natural gardens.

© 2001 Michelle Campbell, republished by permission