Courthouse in Nanaimo. (News Bulletin file)

Courthouse in Nanaimo. (News Bulletin file)

Province argues in B.C. Supreme Court for smudging in schools, says it relates to curriculum

Hearing concludes in case regarding indigenous cultural practice in Vancouver Island classroom

A five-day hearing for a Supreme Court case that could determine whether indigenous smudging ceremonies can happen in public schools concluded today, Nov. 22, in a Nanaimo courtroom.

Candice Servatius, a Christian mother from Port Alberni, filed a petition against Alberni School District 70, claiming that her daughter’s religious rights were infringed on when forced to participate in a Nuu-chah-nulth smudging ceremony at John Howitt Elementary School in 2015. Servatius is seeking a court-ordered ban on the practice in schools across the province. The Attorney General of B.C. is also named as a respondent in Servatius’s petition.

Throughout the week, lawyers from all sides presented their arguments in front of Justice Douglas Thompson, who will be ruling on the matter.

RELATED: Student tells Nanaimo courtroom she wasn’t allowed to leave indigenous smudging ceremony

During Friday’s session, Katie Webb, legal counsel for the attorney general’s office, told the court that the province takes no position with regards to the accusation that the school board wronged Servatius or her daughter, but opposes any order that would ban smudging ceremonies in schools.

“The proposed order would be in conflict with aspects of the provincial curriculum requiring the incorporation of indigenous knowledge,” she said.

Webb said Canada has a history of assimilationist educational policy towards indigenous children, specifically the residential school system, which has contributed to the disparities between indigenous and non-indigenous students today. She said the court should consider the “broader” historical context when rendering a decision.

“It would be an error for this court to consider [the case] in isolation from that broader context,” she said, adding that evidence suggests that 14 to 15 per cent of students at John Howitt Elementary are indigenous.

RELATED: ‘Our culture is not a religion,’ indigenous educator tells Nanaimo court in case of smudging at school

In order to address the “horrors” of the residential school system and to make the public education system in British Columbia more inclusive for everyone, Webb said the province began integrating a new curriculum with a focus on indigenous learning in 2016. She said the smudging ceremony reflects the efforts made by the school to implement that curriculum.

“The incorporation of indigenous knowledge and world views in the educational program promotes a more inclusive educational experience in a culturally safe space, for indigenous and non-indigenous students alike,” she said.

In this case, according to Webb, there hasn’t been a constitutional challenge of the province’s curriculum and therefore it would be “unfair” for the courts to impose any such ban. She said the Canadian Charter of Rights and Freedoms does not require the school’s administrators to “achieve a perfect calibration” between charter values and a statutory mandate, but rather a “proportionate” balance.

Webb also said it isn’t clear how such an order would be enforced and that the term “religious practices” – which she said had been debated heavily during the hearing – is vague.

“In my submission, that very vagueness is exemplified by the fact that seven lawyers have spent five days in this room arguing about whether we can characterize these events as religious,” she said.

Speaking to the News Bulletin afterwards, Jay Cameron, legal counsel representing Servatius, said the province needs a “statutory mandate” in order to permit smudging ceremonies in schools without parental consent, but that it has no such mandate.

“There is no statutory mandate to cleanse small children against their will without their parents’ knowledge or permission,” he said.

Cameron said his client respects indigenous history culture and is supportive of people wanting to learn about it, but that the province went too far.

“The state crossed the line when it imposed a spiritual ceremony on her children without proper notice to her or the ability to consider opting them out,” he said. “Her position is that shouldn’t happen to anyone no matter what they believe.”

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







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

 

Just Posted

The latest EKASS survey confirms a steady decline in substance use among EK youth over the years. (image compilation via Pixabay)
Latest survey shows steady decline in adolescent substance use over the years

Starting in 2002, the survey has been conducted every two years to monitor changes in substance use patterns, attitudes and behaviors amongst East Kootenay youth.

The Aquatic Centre at Western Financial Place.
Cranbrook Aquatic Center to close temporarily

The annual shutdown of the Aquatic Center at Western Financial Place will begin earlier than scheduled this year and does not have a defined end date at this time.

Residents line up outside the Vernon Recreation Complex for their COVID-19 vaccine Saturday, June 5. (Jennifer Smith - Morning Star)
No appointments necessary for first dose COVID-19 vaccine: Interior Health

People can just show up at clinics, register on the spot and get the shot

1914
It happened this week in 1914

June 6 -12: Compiled by Dave Humphrey from the archived newspapers held at the Cranbrook History Centre and Archives

Provincial Health Officer Dr. Bonnie Henry on Thursday, June 10, mentioned Grand Forks among two other COVID “hot spots” in B.C. Photo: Screenshot - YouTube COVID-19 BC Update, June 10, 2021
PHO Henry says West Kootenay city is a COVID ‘hot spot’ in B.C.

There are 11 cases of COVID-19 in the Grand Forks local health area, according the BC CDC

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Most Read