A couple in Smiths Falls, Ontario, who are struggling to keep their turf natural, say a revision of the city’s promised statutes is unfair.
Beth and Craig Sinclair naturalized their front yard by planting 150 trees and other native species instead of grass.
Although they said they informed the city before planting, they received orders to comply with municipal property and regulations. After appealing to the Ontario High Court, however, the city backed down and rescinded orders.
The city then said it would review the ordinance and consider a provision that would allow for natural turf.
But the couple says a survey the city published as part of its public consultation is skewed.
Rodents and insects worry “frankly stupid”
David Donnelly, the Sinclair attorney, has sent a letter to the attorney representing the city of Smiths Falls explaining his concerns.
According to Donnelly, the couple has consulted experts who agree that the survey is not standard and will likely lead to biased results.
“The Sinclays are very concerned, like their experts, that the survey is distorted and overly negative when it comes to growing natural gardens,” Donnelly said.
“This is supposed to be a public consultation where people are asked for their opinion, but the survey suggests that natural gardens may not be good aesthetics or that natural gardens cause rodent and insect infestations.”
A view of the Sinclair front yard last summer. (Craig Sinclair)
Donnelly said this is nonsense.
“This is downright stupid. Ontario courts dating back to 1996 have upheld people’s constitutional right to express their aesthetic will,” he said. “How is this possibly relevant?”
Also attached to the survey is a 17-page document that includes neighbors’ complaints about the Sinclair’s turf, which led to the orders.
“I think they’re also very upset that this staff report has been included in the survey as a resource that drags this nonsense on killed bees and rotting logs,” Donnelly said. “Anyone who has not been following the case closely could be convinced by this madness.”
“Stupid” couple
“I was stunned because they were hooked [the report] in the city poll, “Beth Sinclair said.” It was very discouraging to see. “
Craig Sinclair Takes Care of His Naturalized Garden in Smith Falls, Ont. (Submitted by Beth Sinclair)
Donnelly wants the city to withdraw the poll and start again.
Smiths Falls Mayor Shawn Pankow says the survey is only part of the public consultation, which is being conducted by a consultant.
He said board members will consider other contributions, including what other jurisdictions are doing. In Toronto, for example, natural turf is allowed.
“We still want to make sure we have a solution made in Smiths-Falls that reflects … the preferences of our community,” Pankow said. “I’m pretty sure we’ll have a naturalization section in our statute. It’s a matter of how exactly it will look.”
Many comments
Pankow said so far, of the 1,400 people surveyed, 801 have provided feedback and only 29 have downloaded the report.
Pankow said he knows the situation has been a challenge for the Sinclars, but said his influence will shape public policy, possibly beyond Smiths Falls.
“I recognize that there will be people in our community and elsewhere who oppose naturalization. People who still believe that it is a shame or that it is negative or that it will attract animals or wildlife. And I do not agree with these comments, “Pankow said.
“I think especially in a day and age of climate change, it’s important that we do everything we can to capture carbon. And that’s an example where this kind of action will do it.”
Another view of the Sinclair naturalized grass, seen here last fall. The city council had asked them to remove the plants less than three meters from the road. (Craig Sinclair)
City Council staff will prepare a report based on the research of the consultant. An integrated committee will then make a recommendation.
The Council is expected to vote on the issue by the end of June.