A homeowner believes city hall is infringing upon his religious freedoms by forcing him to clean up his property even though he is a Wiccan and lives in harmony with nature.
Norman Morrell appeared by video during city council’s July 27 regular meeting to appeal a cleanup order for his property at 897 Seventh Avenue Northeast. However, city council voted unanimously to uphold the order to comply, which means Morrell will have to clean up his property or face a financial penalty.
Background
The bylaw department investigated the property on June 25 after receiving a complaint and found tall grass and weeds growing, along with broken tree branches piled in front, a council report explained. The bylaw enforcement officer notified Morrell about the contravention by sending the order via registered mail that same day, giving him until July 13 to comply.
The order indicated that city hall would clean up the property if Morrell didn’t and would charge the cost to his property taxes. Under bylaw No. 5484, Morrell could also be fined up to $10,000 for failing to comply with the order.
Morrell then sent a registered letter to city hall on July 8 and filed an appeal with the city clerk. The bylaw officer conducted a follow-up inspection that day and found Morrell had not completed any cleanup work.
In his appeal letter to council, Morrell included an example of a past court case from Alberta that discussed freedom of religion for a Hutterite colony. He also wrote that he was at home when the bylaw officer supposedly came by; no one came to his door since his dog did not bark.
Presentation
During his presentation, Morrell explained that based on charters of human rights everywhere, an organization such as the City of Moose Jaw couldn’t impose its ethics on another person.
“My yard is an expression of my spiritual faith. It’s how I give back to the earth. It’s hard for people who don’t embrace the same things I do (to understand),” he said. “We have taken so much from nature (that) this is my way of giving back … . This is very personal to me.”
As a Wiccan, Morrell expresses his faith through the natural preservation of his property. He claimed that he had informed city hall about this many times during the last 20 years, to no avail. He feels this is a form of religious persecution.
Morrell told council he doesn’t believe his yard is untidy; he sees it as natural and holy and a place for deer to congregate. While the bylaw officer sees weeds that are noxious or harmful, he uses them to heal and maintain his health.
Meanwhile, the broken tree branches are a place to protect fledgling birds from predators. Morrell plans to mulch the branches, while he will have fresh branches next year after he trims his trees.
Council response
The property is not fenced and is open to the fields at the edge of the municipality, Morrell told Coun. Chris Warren. He could harvest the grass and redistribute it elsewhere, but he is unwilling to sterilize his soil to get rid of the weed growth.
“What about my rights in the charter?” he added, repeating that phrase several more times.
The Cities Act permits the municipality to enforce untidy property regulations, said city manager Jim Puffalt. As for Morrell’s human rights, Puffalt said he was not aware of anything that would infringe upon those rights.
Warren thought that in the future, the bylaw officer should identify what type of noxious weeds are on a property, especially if city hall has to take action through a bylaw. Furthermore, he believed city hall needed to communicate better with property owners on these issues, either face-to-face or by phone, since that creates the best outcomes.
In response, parks and recreation director Derek Blais pointed out there is purple loosestrife growing on Morrell’s property, which is an invasive species and is considered a noxious weed.
Jim Dixon, economic development officer, also indicated that Morrell has complied with past cleanup orders. City hall would work with him to ensure he has a fair opportunity to remedy his property.
The next regular council meeting is Monday, Aug. 10.
