Abdul Matin Sarfraz
Canada’s National Observer
Local Journalism Initiative
A Burlington homeowner is fighting charges over her “naturalized garden” of native plants in her front and back yards. The city is taking Karen Barnes to Provincial Offences Court, seeking up to $400,000 in fines for violating a bylaw order to cut it down.
Barnes is challenging the case on constitutional grounds, arguing her right to freedom of expression through gardening is protected under the Charter of Rights and Freedoms.
She says her garden supports pollinators, biodiversity and wildlife, reflecting her environmental and spiritual beliefs. She appeared for a pre-trial hearing on Wednesday and is scheduled for a two-day trial in November, according to her lawyer, Vilko Zbogar.
Zbogar says the case is about more than the fine. “Courts have recognized since at least 1996 that freedom of expression under the Charter protects natural gardens as expressions of profound environmental values,” he said. “For Karen, it’s also a spiritual exercise — tied to her creed and beliefs. This falls under Sections 2(a) and 2(b) of the Charter: freedom of conscience and religion and freedom of expression.”
Experts say naturalized gardens and meadows can attract far more pollinators than regularly mown lawns, while also using less water and improving soil health.
A study of a municipal project in Vancouver showed that simple changes to maintenance can boost biodiversity and bring more wildlife into urban spaces.
But that’s only if the land is allowed to revert back to a more natural state. Advocates say the Burlington case shows the need to update bylaws that focus on appearance instead of ecological value. Barnes’ case shows that when properties don’t comply with traditional expectations, it’s an uphill battle to convince officials — and neighbours — of the benefits.
Barnes is challenging the case on constitutional grounds, arguing her right to freedom of expression through gardening is protected under the Charter of Rights and Freedoms.
A change, then a complaint
Barnes told Canada’s National Observer she began “rewilding” her property in 2015 and notified Burlington’s bylaw department.
Her garden includes plants, such as New England aster, Canada goldenrod, milkweed, buttercups, yarrow, burdock and many more. Over the years, she’s seen a “beautiful transformation” with an abundance of life, including endangered monarch butterflies.
She says other frequent visitors include bees, hummingbirds, woodpeckers, blue jays, chickadees and dragonflies.
But it wasn’t just wildlife that took notice. Neighbour complaints soon started coming in about the appearance of Barnes’ property. In 2019, the city took her to court, and in 2022, she was found in violation of the bylaw for not removing certain weeds.
Later that year, she was warned of large daily fines if the garden wasn’t trimmed. In 2023, city crews cut it down to bare soil. When she refused further orders to do it herself, the city laid charges.
Barnes says she could not bring herself to destroy what she had worked so hard to create.
“It’s my relationship with nature, and it’s my way of supporting the climate,” she said. Now she faces a $400,000 fine as the conflict continues.
Barnes believes the enforcement is misguided and fails to recognize the difference between a neglected lawn and a planned habitat garden designed to benefit the environment. “Natural gardens help reconnect people with nature,” she said. “They share space with other creatures, sequester carbon and support pollinators.”
She sees the garden’s ecological role as an important contribution when “things are not going well for the planet right now.” Her yard, she says, is one place where she can make a tangible difference by providing space for rewilding.
Zbogar pointed to similar cases in Ontario, including Bell v. City of Toronto in 1996, in which a court overturned a conviction for having a natural garden and a 2002 case in which Douglas Counter took the City to court after it removed plants from a boulevard in front of his home — city-owned land he had planted as a naturalized garden. The court ruled in his favour, affirming that the garden was protected under the Charter of Rights and Freedoms, even though it was on municipal property.
“Karen’s garden qualifies [as a natural garden], but the city disagrees. If the bylaw, as applied, prevents her from maintaining it, it’s unconstitutional.”
Canada’s National Observer reached out to the City of Burlington but did not receive a comment in time for publication. In a past media interview, Burlington Mayor Marianne Meed Ward said the property does not meet the bylaw’s definition of a naturalized garden and the city has tried since 2015 to bring it into compliance without success.
Under Burlington’s Lot Maintenance By-law, most vegetation must be kept under 20 centimetres unless it is part of an approved naturalized garden or other exemption. On its website, the city says naturalized gardens are allowed but must be maintained, free of “noxious weeds,” and not block sidewalks, streets or sightlines.
Lorraine Johnson, a native plant gardening author and advocate, has visited Barnes’ property several times and written reports on her plants and maintenance. She says Barnes is naturalizing and maintaining her yard in line with ecological principles.
Such gardens, Johnson says, improve biodiversity, support pollinators and help cities adapt to climate change by withstanding drought, flooding and extreme weather. She said this is one way individuals can take meaningful local action on these global problems.
Johnson is part of a national campaign to reform bylaws in line with court decisions that affirm Canadians’ constitutional right to maintain natural gardens, subject only to genuine health and safety concerns.
She says many municipal rules make naturalization harder by using vague terms like “neat” and “tidy” or banning “weeds” without clear definitions, which can lead to the removal of native plants vital to pollinators. She believes municipalities should have to prove real risks before enforcing such rules.
Over the past decade, Johnson says, public perception of naturalized gardens has shifted, with more people recognizing their value. Removing municipal barriers, she argues, is key to supporting this growing movement.
Barnes is aiming to raise $25,000 for her legal fight through the Small Change Fund.
