Courthouse in Nanaimo. (News Bulletin file)

‘Our culture is not a religion,’ Indigenous educator tells B.C. Supreme Court in case of smudging at school

Mother also gave evidence Tuesday in Nanaimo courtroom, case continues Wednesday

A Vancouver Island woman seeking a provincewide ban on indigenous smudging ceremonies in schools told a Nanaimo courtroom that her daughter was told by a teacher that it was “rude” not to participate.

Candice Servatius, an evangelical Christian, is claiming her daughter’s rights to religious freedom were infringed on when she was forced to participate in a Nuu-chah-nulth smudging ceremony at Port Alberni’s John Howitt Elementary School in September 2015.

Servatius alleges that her daughter was “unwillingly subjected to being fanned by smoke” during the ceremony and that her daughter expressed a desire to leave the room but was told by her teacher that it would be “rude” to opt out, according to court documents. The mother claims her daughter experienced “anxiety, shame and confusion as a result” of the ceremony, accuses the school district of breaching its duty of neutrality and is seeking a court-ordered ban on the cultural practice in schools across B.C.

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

On Nov. 19, Servatius told B.C. Supreme Court that on the day of the smudging ceremony, her daughter was told by her teacher that it was “disrespectful” for her to opt out of the event even though she felt uncomfortable.

“My child is not a child that is going to want to be rude to anybody. She is told to be respectful of adults,” Servatius said. “[My daughter] was put in a position with an authority figure that was telling her that it would be disrespectful if she was not part of it and she was told to sit down.”

According to court documents, the school provided students with a letter explaining that Nuu-chah-nulth smudging ceremonies would take place in classrooms and that students would “hold onto cedar branches” and that they would be “smudged.” The letter does not provide dates for when the ceremonies were to take place. Servatius said her daughter never got such a letter but that once she read it, she discussed the ceremony with her children and told them not to worry as they would not be participating.

She said didn’t have any “intention” of belittling the beliefs of First Nations people.

“I believe that what they described in the letter and what my daughter described is very much a spiritual or religious thing that is happening and I do believe and I know, in my beliefs, that God is the one true God and we are not to pray to or have a type of ceremony to any other god or other beings,” Servatius said.

Servatius also told the court that the ceremony hasn’t changed her beliefs or impacted her daughter’s beliefs, but it has affected her as a parent and had an impact on the family.

“It didn’t change the way that I am living my life or my children living their life believing in God, but it did change what that day looked like,” she said. “We sat down, we talked about and we prayed about it and we had a discussion about … their feelings and why they felt that.”

RELATED: Port Alberni mom takes school district to court over Indigenous smudging, prayer in class

Later in the day, Sherri Cook, a Nuu-chah-nulth educator who helped oversee the smudging ceremonies, was cross-examined by Servatius’s legal counsel, Jay Cameron of the Justice Centre for Constitutional Freedoms. Cook told the court that First Nations culture is not a religion but a way of life for her and her people.

“Our culture is not a religion and I am deeply hurt that I am even sitting here today,” she said.

Cook said there were a few smudging ceremonies performed in classrooms on the day in question, that they lasted between 15-20 minutes, that they were all similar in nature and that the smoke was “strong” at times. She also said she didn’t receive any complaints, particularly from either Servatius or her daughter, before, during or immediately after the ceremony.

“She did not bring that to my attention…” Cook said. “If I was clear on how the student was feeling and how the family felt I would have made other accommodations. I have done it in the past. I have put students in the library to get caught up on homework while we did cultural teaching in class in other circumstances.”

Cook explained that she comes from a family with a “long line” of chiefs, that her grandparents “lost” 21 grandchildren to the residential school system and that her mother has “lost of all her culture” because of a colonial system that forced her to believe in a God.

“Because of my history and because of my family, I would never put a human, let alone a child in a situation where they are uncomfortable because I know personally, all too well, how my family was forced to go to residential school,” Cook said.

The school district disputes the claims made by Servatius. A teacher began giving evidence late Tuesday afternoon and the case will continue Wednesday, Nov. 20, at the Nanaimo Courthouse.







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

Just Posted

Homalco First Nation said that it will intervene in the judicial review sought by aquaculture companies with regards to federal decision to phase out 19 Discovery Island fish farms by 2022. In this picture from Sept. 24, a demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver.(Quinn Bender photo)
Aquaculture companies’ judicial review challenges reconciliation and Aboriginal Rights: First Nations

Homalco First Nation chief reacts to Mowi and Cermaq intervention in Discovery Island decision

Oyster River Fire Rescue members were called out to a suspicious fire in Black Creek. Two vehicles parked at a private residence were destroyed by fire. Photo courtesy Oyster River Fire Rescue
Suspicious fire destroys two vehicles at Black Creek residence

Oyster River Fire Rescue personnel were dispatched to a fire at a… Continue reading

CSWM will be closing the landfill in Campbell River and opening the organics composting facility in 2022. In the meantime, the City of Campbell River was hoping for a break on yard waste drop-off for residents. Black Press file photo
Comox Strathcona waste board upholds yard waste drop-off fee

Campbell River had hoped for waiver until new organics facility opens

An Atlantic salmon is seen during a Department of Fisheries and Oceans fish health audit at a fish farm near Campbell River, B.C. in 2018. Mowi Canada has applied to the Federal Court of Canada for a judicial review of the decision by Fisheries Minister Bernadette Jordan to phase out salmon farming in the Discovery Islands by June, 2022. (Canadian Press/Jonathan Hayward photo)
Major B.C. salmon farms seek court intervention in Discovery Islands ban

Fisheries minister is phasing out operations in the area by June 2022

An Atlantic salmon is seen during a Department of Fisheries and Oceans fish health audit at the Okisollo fish farm near Campbell River, B.C. on Oct. 31, 2018. Several Vancouver Island mayors and members of British Columbia’s salmon farming industry say a federal decision to phase out fish farming has left them feeling “disposable and discarded.” In a letter to Fisheries Minister Bernadette Jordan, they say they weren’t consulted before she announced a plan to phase out open-net pen fish farming in the Discovery Islands over the next 18 months. THE CANADIAN PRESS /Jonathan Hayward
Strathcona Regional District pens letter to Trudeau about fish farm closure

Minister Jordan, MLA Babchuk and MP Blaney also included in letter

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

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

A suspect has been arrested in connection with fires at Drinkwater Elementary (pictured) and École Mount Prevost. (Kevin Rothbauer/Citizen)
Arson suspect arrested after fires at Cowichan Valley schools

Drinkwater Elementary and Mount Prevost schools hit within a week

A woman writes a message on a memorial mural wall by street artist James “Smokey Devil” Hardy during a memorial to remember victims of illicit drug overdose deaths on International Overdose Awareness Day, in the Downtown Eastside of Vancouver, on Monday, August 31, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. paramedics respond to record-breaking number of overdose calls in 2020

On the front lines, COVID-19 has not only led to more calls, but increased the complexity

Nanaimo RCMP are seeking the public’s help after a man allegedly assaulted a clerk at James General Store on Victoria Road on Jan. 18. (Submitted photo)
Suspect screams at customer then assaults store clerk in Nanaimo

RCMP asking for information about Jan. 18 incident at James General Store

Chartwell Malaspina Care Residence in Nanaimo. (News Bulletin file photo)
Two Nanaimo care-home residents have died during COVID-19 outbreak

Death reported Monday was the second related to Chartwell Malaspina outbreak, says Island Health

Rod Bitten of Union Bay won $500,000 in the Lotto Max draw on Jan. 15. Photo supplied
Vancouver Island electrician gets shocking surprise with $500K Extra win

Rod Bitten has been hard at work with home renovations, which is… Continue reading

Eighteen-year-old Aidan Webber died in a marine accident in 2019. He was a Canadian Junior BMX champion from Nanaimo. (Submitted)
Inadequate safety training a factor in teen BMX star’s workplace death in 2019

Aidan Webber was crushed by a barge at a fish farm near Port Hardy

Members of the BC RCMP Explosive Disposal Unit (EDU) is on route to Drummond Park opposite of Fulford Habour on Saltspring Island after the discovery of a suspicious cylindrical-shaped device. (Google/Screencap)
Bomb disposal unit en route to Salt Spring Island after suspicious device found in park

Police say a resident discovered the device Wednesday morning in Drummond Park opposite BC Ferries terminal

Most Read