Winnipeg grass-mowing dispute faces court delay

A Winnipeg man who is refusing to mow the city-owned boulevard next to his home will have to wait a little longer for his day in court.

Richard Hykawy was scheduled to appear before the Manitoba Court of Queen's Bench on Wednesday to deal with the lawn dispute, but the judge adjourned the case to go over legal documents.

Hykawy said when the case is heard, he believes the judgewill rule that the City of Winnipeg is violating his charter rights by ordering him tomaintain the strip of grass that borders his south Winnipeg residence.

Hykawy has refused to comply with a city orderissued last year, arguing that the boulevard maintenance bylaw goes against the Charter of Rights and Freedoms and forces him to maintain property he doesn't own.

"Any work that you are obligated against your willunder threat of penalty and fines or whatever is consider forced labour and is against your charter right," he told CBC News.

Hykawy will present his case before the Court of Queen's Bench on Wednesday morning.

In June, the provincial court told Hykawy he would have to appeal to the higher court if he wants the bylaw overruled.

"Just because the City of Winnipeg makes up a bylaw, rubber-stamps it in city hall and says, 'Hey everybody, do it' doesn't mean it's right. They are making laws, breaking laws, and taking away our rights," he said.

If the Queen's Bench judge rules that Hykawy's argument does not have merit, he said he plans to appeal.

But if the judge does agree with him, Hykawy said similar bylaws in other Canadian cities could be affected.

For example, some jurisdictions require property owners to shovel public sidewalks, he said.