Ferntree, a member of the Cowichan Tribes in B.C., partakes in a smudging ceremony during a Native American protest against Columbus Day, Monday, Oct. 10, 2011, in Seattle. (AP Photo/Elaine Thompson)

Smudging in B.C. classroom did not affect Christian family’s faith, says school district lawyer

Lawyers make closing arguments in a Port Alberni case about the Indigenous cultural practice

Just how much of an effect an Indigenous smudging ceremony had on children in a Grade 5 classroom in Port Alberni was at the centre of closing arguments on Thursday in a civil trial against the school district.

Candice Servatius, an evangelical Christian, filed a petition against School District 70, claiming her daughter’s right to religious freedom was infringed upon when the girl participated in a Nuu-chah-nulth First Nations smudging ceremony at John Howitt Elementary in 2015. She is seeking a ban on the cultural practice in schools across the province.

RELATED: Student tells B.C. court she wasn’t allowed to leave Indigenous smudging ceremony

Servatius’ lawyer, Jay Cameron with the Justice Centre for Constitutional Freedoms, argued the children were forced to participate in the smudging ceremony, and that it was not a demonstration, but an actual performance of the ritual.

“I think that this is an exceedingly important point because if the experience is not entered into on a voluntary basis, it changes the experience,” said Cameron.

“Certainly from [the daughter’s] perspective, there was confusion. There was a loss of trust.”

Smudging is a common Indigenous spiritual practice in which herbs such as sage, sweetgrass and cedar are burned for ‘cleansing’ purposes.

Earlier in the week, teacher Jelena Dyer told the court the Nuu-chah-nulth elder had come to the classroom, explained the ceremony and her people’s beliefs to the kids, and burned a bit of sage.

The court heard conflicting testimony about the amount of smoke in the room, from “heavy” to “barely any.”

RELATED: ‘Our culture is not a religion,’ Indigenous educator tells court in smudging case

Cameron also referred to a letter that had been sent home before the ceremony, without a date or a clear way for parents to opt their children out of it.

The school district’s lawyer, Keith Mitchell, dismissed the letter, saying the case is about what happened in the classroom.

He argued Servatius and her daughter are not reliable witnesses, because Servatius is only relying what her daughter told her, and her daughter does not remember the events accurately.

“Children are very much concerned whether their parents are upset, or whether the authority figures of their lives, particularly their parents or pastor, tell them something is wrong and that they should have felt a certain way,” he said.

He referred to earlier testimony from teachers, such as Dyer, who’d told the court the girl appeared “happy” to watch the ceremony, sitting in the front row, and had not expressed any concerns. The instructor also said it was made clear that there was no intent to “impress” beliefs on anyone.

Finally, Mitchell argued the family’s religious beliefs were not significantly affected by the ritual or how they practice their own faith, so the ceremony should still be allowed.

“It didn’t change the way the Servatius family lives their lives.”

The trial is expected to conclude on Friday.

RELATED: Teacher says student was ‘happy’ to watch smudging ceremony at Alberni school

ALSO READ: Nuu-chah-Nulth Tribal Council hopes for resolution in SD70 court case







nicholas.pescod@nanaimobulletin.com 
Like us on Facebook and follow us on Twitter and Instagram

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

An artist sprinkles ashes from a smudging ceremony on his sculpture unveiled at Penticton Regional Hospital in 2018. (Mark Brett/Western News)

Just Posted

Surrey bylaw’s tactics with Uber drivers deemed ‘entrapment’ and ‘completely wrong’

That’s what Councillors Brenda Locke and Linda Annis had to say Monday about city staff hailing Uber drivers then issuing them warnings

South Surrey/White Rock residents snubbed on ride-hailing services

Lyft and Uber express plan to expand to peninsula once enough drivers are available

Whistleblower says Iranian-Americans questioned at Peace Arch crossing were targeted

Immigration lawyer says response from Customs Border Protection is a ‘total cover up’

COLUMN: Ontario ride-hailing experience has implications for Surrey

Ride-hailing is now operating in B.C., in a lightning-quick response to the… Continue reading

‘Our Surrey Vision’ report to be made public Thursday

Community-engagement project launched by Downtown Surrey Business Improvement Association last year

VIDEO: As 106 reported dead from the coronavirus outbreak, countries look to evacuate citizens

Canada is warning its residents to not go to Hubei province at all

Majority of Canadian boards had no female members in 2016 and 2017: StatCan

Statistics Canada says 18.1 per cent of director seats were held by women in 2017

First-place Canucks beat Blues 3-1 for ninth straight home win

Miller nets pair as Vancouver defeats Cup champs

Swapping grape varieties can help winemakers adapt to climate change: UBC study

Report says 56% of wine-grape-growing regions would be lost if global climate warms by 2 C

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

Police search for man who went missing from Vernon hotel

Jay Rosenberger, 38, was last seen Friday

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

After four sex assaults linked, RCMP ask women not to walk alone in Coquitlam park

Four sexual assaults took place in Glen Park over two months

BC Place lights up in purple and yellow to honour Kobe Bryant

Kobe Bryant, his 13-year-old daughter and seven others were killed in a helicopter crash

Most Read