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

Multiple people were injured at a Vernon home following an early-morning break-in Saturday, March 6, 2021. (Black Press file photo)
Multiple people left injured following break-and-enter in Vernon

Police believe the early-morning break-in was targeted and not a threat to the general public

Seniors in the Interior Health region can book their COVID-19 vaccinations starting Monday, March 8, 2021 at 7 a.m. (File photo)
Seniors in Interior Heath region can book COVID-19 shots starting Monday

Starting March 8 the vaccination call centre will be open 7 a.m. to 7 p.m. daily

A Coldstream resident who found an owl struggling on her property in March 2021 is now spreading awareness of about the knock-on effects of rodent poisoning. (Kathy Renaud photo)
Coldstream owl ‘fighting for her life’ after ingesting rat poison

Coldstream resident warns against the use of rodenticide due to risk of secondary poisoning in raptors

Vernon residents can breathe a little easier now that a dust advisory has ended in the area. (Brendan Shykora - Morning Star)
Dust advisory lifted in Vernon

Changing meteorological conditions have improved regional air quality

The City of Vernon is looking for input into its Climate Action Plan. (Jennifer Smith - Morning Star)
Vernon voices wanted on climate action plan

Community engagement sought on city plan

The James C Richardson Pipe Band marches in a Remembrance Day parade on Nov. 11, 2019 in Chilliwack. Wednesday, March 10 is International Bagpipe Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of March 7 to 13

International Bagpipe Day, Wash Your Nose Day and Kidney Day are all coming up this week

Kelowna General Hospital (File photo)
Second COVID-19 outbreak declared at Kelowna General Hospital

One patient and one staff member on Unit have tested positive for the virus.

Victoria man Brett Andersen is asking for people’s help to secure him one of eight free tickets to the moon. (Screenshot/@brettandersen Instagram)
Victoria man wants your help securing a free ticket to the moon

Japanese billionaire offering eight people a trip to the moon

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Hockey hall-of-fame legend Wayne Gretzky, right, watches the casket of his father, Walter Gretzky, as it is carried from the church during a funeral service in Brantford, Ont., Saturday, March 6, 2021. HE CANADIAN PRESS/Nathan Denette
Walter Gretzky remembered as a man with a ‘heart of gold’ at funeral

The famous hockey father died Thursday at age 82 after battling Parkinson’s disease

Fire ripped through a mobile home on Boucherie Road in West Kelowna on March. 6. (Phil McLachlan - West Kelowna News)
‘My whole life just went up in smoke’; Fire consumes Okanagan mobile home

RCMP confirmed that there were no injuries due to the fire

Donald Alan Sweet was once an all star CFL kicker who played for the Montreal Alouettes and Montreal Concordes over a 13-year career. Photo courtesy of Mission RCMP.
Ex-B.C. teacher who was CFL kicker charged with assault, sexual crimes against former students

Donald Sweet taught in Mission School District for 10 years, investigators seek further witnesses

During a press event on March 6, Const. Alex Berube, media relations officer for the West Shore RCMP, addressed a deadly shooting that occurred in Metchosin the night before. (Devon Bidal/News Staff)
VIDEO: One man shot dead on Vancouver Island in ‘targeted incident’

Highway 14 reopens following multi-hour closure for investigation

Most Read