Courthouse in Nanaimo. (News Bulletin file)

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.

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

Demonstrators lined Hwy 16 May 5 to mark the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. (Deb Meissner photo)
VIDEO: Smithers gathering marks Red Dress Day honouring missing and murdered Indigenous women and girls

Approximately 70 people lined Hwy 16, drumming, singing and holding up placards

“Skeena,” by John Hudson and Paul Hanslow is one of five fonts in the running to become the default for Microsoft systems and Office programs. (Black Press Media File Photo)
Font named after Skeena River could become the next Microsoft default

One of the five new fonts will replace Calibri, which has been Microsoft’s default since 2007

The road to Telegraph Creek (Hwy 51) was closed April 15 due to a washout. On May 4, the road was opened to light-duty passenger vehicles during specific times. (BC Transportation and Infrastructure/Facebook)
Telegraph Creek Road opens for light-duty vehicles

Road has been closed since April 15 due to a washout

FILE – Residents of the Kahnawake Mohawk Territory southwest of Montreal continue to monitor a blockade leading to blocked railroad tracks that pass through their community as they protest in support of Wet’suwet’en hereditary chiefs on Sunday, March 1, 2020. THE CANADIAN PRESS/Peter McCabe
B.C. Supreme Court rejects Wet’suwet’en bid to toss LNG pipeline certificate

Opposition last year by Wet’suwet’en hereditary chiefs set off Canada-wide rail blockades

On any given day, Brenda Mallory can be found holding court in her front yard on her acreage near Tyhee Lake. (Thom Barker photo)
Spice of Brenda: Our long-time columnist gets frank (when wasn’t she?)

Brenda Mallory has packed a lot of creativity into her life

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
A sign indicating face coverings are required by the establishment is pictured on the front door of a business in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
B.C. to start releasing neighbourhood-specific COVID numbers after data leak

Documents obtained by the Vancouver Sun show cases broken down by neighbourhoods

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix update B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 case count creeps up, seven more deaths

445 people in hospital, 157 in intensive care

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

Summerland’s positive test rate is much higher than surrounding local health areas, according to internal BC CDC documents. (BC CDC)
Summerland 3rd behind Surrey, Abbotsford in daily per capita COVID-19 cases

Interior Health is rolling out additional vaccine availability to the community

Amazon is pausing its Prime Day marketing event in Canada this year amid ongoing COVID-19 outbreaks at its facilities in Ontario. THE CANADIAN PRESS/Nathan Denette
Amazon Prime Day halted in Canada due to COVID-19 outbreaks in warehouses

The event was postponed to protect the health and safety of employees and customers, the company says

Ally Thomas, 12, seen in an undated family handout photo, died on April 14 from a suspected overdose. Her family says they are frustrated more public supports weren't available when they tried to get her help. THE CANADIAN PRESS
Minister says suspected overdose death of 12-year-old pushing B.C. to ‘do better’

Minister Sheila Malcolmson of Mental Health and Addictions says the government is working ‘as hard as we can’ to build a system of care for youths

At this Highway 3 check point, police officers will be asking for identification from drivers, documentation regarding the driver’s name and address, and the purpose for the driver’s travel. (RCMP)
No fines handed out at 1st COVID-19 roadblock as checks move across B.C.

Cpl. Chris Manseau says a total of 127 vehicles were stopped at a roadblock in the Manning Park area

A spectator looks on as the Olympic Caldron is relit in downtown Vancouver, Wednesday, February 12, 2020. THE CANADIAN PRESS/Jonathan Hayward
Small majority of B.C. residents in favour of a Vancouver 2030 Olympic bid: survey

A new survey shows a split over the possibility of public money being spent to organize and host the winter games

Most Read