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

 

 

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

Just Posted

Housing development proposed for property alongside Innes Ave

Full development plan totals 292 dwelling units with four apartment buildings, 10 four-plexes

Cranbrook SAR tasked out twice over the last week

No injuries reported in separate motor vehicle incidents on Hwy 3/95 near Moyie

RDEK board leadership acclaimed for another term

Rob Gay and Clara Reinhardt to serve as chair, vice-chair for another yearly term

Local skicross racers hit the World Cup circuit

Olympian India Sherret is joined by fellow local racers Zoe Chore and Courtney Hoffos

Cranbrook Mass Christmas Choir raised $1,063 for Salvation Army

Cranbrook’s annual Mass Christmas Choir Concert, held Wednesday, December 4, at the… Continue reading

VIDEO: Boys help rescue Cariboo bear cub

The cub, weighing just 24lbs, has been taken to wildlife sanctuary in Northwest B.C. for the winter

Campbell River mom’s iPhone containing priceless photos stolen from Victoria hospital parkade

The phone contained photos, heartbeat recordings of her late son

Miller nets winner as Canucks edge Sabres 6-5 in OT

Roussel, Leivo tally two apiece for Vancouver

‘Norovirus-like’ outbreak interrupts Bantam hockey showcase in Greater Victoria

Several athletes were sent home, quarantined on the ferry

$578: that’s how much your first distracted driving ticket will cost with recent premium hikes

Over 50 per cent of Canadians admitted to using phone while driving last year, according to study

Kelowna man attempts to steal bait bike from RCMP parking lot

38-year-old Brian Richard Harbison is facing several charges

‘Things haven’t changed enough:’ Ecole Polytechnique anniversary prompts reflection

Fourteen women were fatally shot by a gunman at the Montreal school on Dec. 6, 1989

Bear raids freezer, gorges on Island family’s Christmas baking

Hungry bruin virtually ignored meat and fish, focused, instead, on the sweets

B.C. pharmaceutical company’s stocks double in value after successful lupus drug trial

More than 40 per cent of patients using voclosporin saw improvements in kidney function

Most Read