Chicken Owner Feeling Henpecked in Court

Jeff Green | Mar 29, 2023

Back in the fall of 2022, members of South Frontenac Council expressed their support for the idea of a 'chicken or two in every backyard' in light two cases where residents were facing charges for doing just that.

Even though South Frontenac passed a bylaw in 2011 permitting backyard chickens, the permission does not apply in properties zoned as waterfront. This loophole led neighbours of Frances Broome of Battersea, and Judi Curry of Bedford, to lodge complaints against them keeping chickens on their property.

Frontenac Bylaw Enforcement ordered the chickens removed and both of their situations have resulted in court cases.

“I can't get anyone on council to talk to me about this,” said Frances Broome, “now that it is in court.”

Judi Curry said the same thing about her councillors in Bedford. “They will not answer my calls.”

Frances Broome, who considers her 'herd' of 5 Silkie chickens as pets.

“You would not keep Silkies as layers,” she said, they produce one egg every 2 or 3 days, the size of a toonie.

She said that her case is scheduled for a pre-trial in July, with a further court date in August, to set a trial date for some time next fall.

“I met with the prosecutor in February and the only compromise he could suggest was a guilty plea but then I would not be able to keep my chickens. The prosecutor went with me to meet the township planner, Christine Woods, and Christine Woods said it would cost $1964 just to apply and there would be more costs later.”

Frances Broome made a presentation to South Frontenac Council with a proposal.

When she and her husband moved to their property there was already a chicken coop there, and they were not informed by the previous owner that chickens were not permitted, so she asked Council to let her keep her chickens, while they continue to live there. In her letter she said that she and her husband are in their mid-seventies and will be moving sooner than later because the property is becoming too much for them to manage. She offered to enter into an undertaking to remove the coop before she sells, and to include a statement that chickens are not permitted on the property, in the real estate listing.

“I did not hear back from the township,” she said. She also said she is considering hiring a lawyer to represent her before and during the pre-trial.

“That will cost me some money, and it will also cost the township more in legal fees, which must already be considerable.”

Judi Curry has 9 chickens. Her judicial pre-trial was scheduled for March 15, but was cancelled just as she was waiting for it to begin.

“Luckily it was being held on Zoom so I was not waiting at the court, and could get on with my day,” she said.

Early this week, she learned that the judge in her case has waived a judicial pretrial and has set October 10 as her trial date.

From her perspective, the entire issue is about some sloppy definitions in the township’s bylaws.

“The township made some mistakes when they set this up, one of them; a key one being the definition of a hobby farm, which says that keeping chickens makes someone a hobby farmer. I am not a hobby farmer, I just keep a few chickens. The way they have it set up, you could have called anyone with a garden a hobby farmer,” she said.

South Frontenac Township is on track to adopt a new Official Plan in 2023. After that process is complete, they will begin working on a new Comprehensive Zoning Bylaw in 2024. A number of issues, such as the definition of hobby farms, and loosening existing restrictions regarding backyard chickens, could be dealt with as part of that work.