Council Denies Wiccan His Grass And Weeds

A person's spiritual beliefs may be the reason why they have tall grass and weeds growing in their yard but if they were hoping it would put a spell on Council they are mistaken.

Council heard an appeal from Norman Morrell who lives at 897 7th Avenue NE regarding an order to bring his property aesthetically up to the City's standards.

Administration was alleging the property was unsightly and contravened Bylaw 5484, The Property Maintenance and Nuisance Bylaw, Section 9 and 10.

Bylaw 5484 states that “9(1)“No owner shall cause or permit a property to be overgrown with grass or weeds. (2) For the purpose of this section “overgrown” means fallen, matted or not consistent with the amenity of the neighbourhood.”

The appellant argued that the property was in the condition it was in because it was his way to give back to the Earth and additionally it was in the shape it was because of his Wiccan beliefs.

According to the web-site www.religioustolerance.org Wiccans believe “We seek to live in harmony with nature in ecological balance offering fulfillment to life and consciousness within an evolutionary concept,” and “We believe that we should seek within Nature that which is contributory to our health and well-being.”

Wicca is termed as a modern pagan religion or pagan witchcraft.

In his appeal Morrell stressed the importance to keep his yard in as natural state because of Wicca beliefs.

In his appeal documentation he wrote the fight with the City, his yard and his faith has been going on for years.

“I am Wiccan and express my faith in the natural organic preservation of my land. J have informed the city council of this many times over the last twenty years to no avail,” Morrell wrote.

Addressing Council by video link Morrell said “imposing one person's aesthetics on another person is unacceptable.”

He claimed the City's actions were in violation of the Saskatchewan Human Rights Code, the Canadian Human Rights Code and human rights codes adopted by the United Nations.

“My garden is my expression of my spiritual faith it is how I give back to the Earth…this os my way of giving back and expressing my faith.”

Morrell pointed out how his natural garden provides benefits to himself, area pets and wildlife.

“During the Summertime they (tall grass and weeds) help to regulate the temperature…nothing in my yard is intentionally planted.”

“I try to live in harmony with Nature,” Morrell said.

Councillor Chris Warren asked Morrell if his yard was fenced.

Morrell said his yard was not fenced.

“It is pretty well open that is how the deer get in…I can't take credit for it, it is my way of giving something back.”

He admitted there was some purple loosestrife (a noxious weed) in his yard but he was taking steps to control it in a natural manner.

“There is nothing toxic, poisonous and foul on my yard,” he said. “The only way to get rid of it (purple loosestrife) is to sterilize the soil and I am not willing to do that.”

Councillor Warren asked why Morrell had cut branches laying in his yard.

Morrell said the pile of branches were what he annually cut trimming trees and they provided a place of refuge for fledgling birds to hide from cats.

Fledgling birds are feathered birds which have left the nest but still unable to fly.

Cats, including his own, like the grass and the branch pile is a feline refuge.

“It's a more natural environment they (cats) prefer it and I prefer it.”

Morrell said he let the grass grow tall and then would use a sickle to harvest it and feed deer during the Winter.

Morrell asked Council if they were going to discuss the aspect of his spiritual beliefs.

“What about my rights under the Charter of Human Rights can we address that at all?”

Responding to Morrell's question city manager Jim Puffalt said the Cities Act allowed for the regulation of a property's aesthetics and no breach of human rights had occurred.

“I am not aware of any Charter Rights that (the bylaw) would infringe on,” Puffalt said.

Councillor Warren asked what type of weeds were identified when inspecting the property as the Bylaw required that.

The Bylaw states “(3) For the purpose of this section “weeds” shall mean “noxious weed” or “nuisance weed” as defined in The Weed Control Act, SS 2010, c W-11.)”

Filling in for a vacationing director of planning Michelle Sanson was economic development officer Jim Dixon who said the bylaw officer had not entered the property nor identified the type of weeds.

“If we are taking action under our bylaw I think we need to identify it (the type of weeds),” Councillor Warren said.

Parks and recreation director Derek Blais said the purple loosestrife was a noxious and invasive weed.

Although he supported the Bylaw Councillor Warren asked Morrell how long it would take to get his yard in shape.

Morrell said he did not know but he would rather spend his time eradicating the purple loosestrife than cutting the grass. He indicated he would like the opportunity to use a sickle to harvest the grass for the deer.

Councillor Warren said although Morrell had been served with a notice all communication had been done by letter and it was important for the City to speak to Morrell in person or on the phone.

In a unanimous vote Council voted to uphold the enforcement order but giving Morrell a reasonable time to comply.