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)

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)

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

Just Posted

Four friends were heading to their home on Highway 6 just south of Silverton on the evening of Dec. 25, 2020, when the people in the front of the vehicle saw what looked like a “huge, man-like figure” on the side of the road. (Pixabay.com)
Possible Bigfoot sighting shocks, excites Silverton residents

‘I didn’t see the creature myself, I saw the prints’

A woman wearing a protective face mask to curb the spread of COVID-19 walks past a mural in Victoria, B.C., on Monday, Dec. 7, 2020. THE CANADIAN PRESS/Marissa Tiel
115 new COVID-19 cases, no new deaths in Interior Health

There are now a total of 4,970 cases in the region

Basil Fuller. Photo: Watershed Productions
Missing Voices: Touchstones museum profiles underrepresented groups

Touchstones Nelson interviewed 15 people about their experiences living here

Trees destroyed a Shoreacres home during a wind storm Jan. 13, 2021. Photo: Submitted
Shoreacres resident flees just before tree crushes house

Pamala DeRosa is thankful to be alive

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2020. THE CANADIAN PRESS/Darryl Dyck
536 COVID cases, 7 deaths reported as B.C. find its first case of South African variant

Henry said 69,746 people have received their first dose of the COVID vaccine.

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials says it will still likely receive four million doses by the end of March

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Letisha Reimer died Nov. 1, 2016 after being stabbed at Abbotsford Senior Secondary.
No evidence that killer was in ‘psychotic state’ during Abbotsford school stabbing: Crown

Second day of closing arguments at ‘not criminally responsible’ hearing for Gabriel Klein

Alan Davidson was sentenced to almost six years for abusing seven boys in the late 1970s and early 1990s. (Canadian Press file)
Full parole granted to former Mountie, sports coach convicted of sex abuse of boys

Alan Davidson convicted of abusing boys in B.C. and Saskatchewan in late ’70s, early ’90s

The first COVID-19 vaccine arrives in B.C. in temperature-controlled containers, Dec. 13, 2020. (B.C. government)
More vaccine arrives as B.C. struggles with remote COVID-19 cases

Long-term care homes remain focus for public health

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada is prepared at The Michener Institute in Toronto on Monday, Dec. 14, 2020. THE CANADIAN PRESS/Frank Gunn
Doses of COVID-19 vaccine expected in 60 B.C. First Nations by next week

B.C. has allocated 25,000 doses of COVID-19 vaccine to First Nations for distribution by the end of February

Kamloops-South Thompson MLA Todd Stone questions the NDP government in the B.C. legislature, Feb. 25, 2020. (Hansard TV)
Todd Stone says he’s not running for B.C. Liberal leadership

Kamloops MLA was widely viewed as a front-runner

Most Read