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

 

Just Posted

Ocean Wise’s cetacean photogrammetry research program uses aerial images collected by boat-launched drones to measure the body condition of whales. (Ocean Wise Marine Mammal License MML-18 photo)
LNG Canada commits $750K to whale research, conservation initiative

Ocean Wise education team will work alongside educational and Indigenous leaders in the area

The Sam Lindsay Aquatic Centre will be closed from June 28 until September 13 for annual facility maintenance as well as teach pool and decking repairs. (Black Press photo)
Sam Lindsay Aquatic Centre closed: June 28 – September 13

The aquatic centre will be closed for annual facility maintenance

Shoes are being left at the viewpoint on Haisla Blvd in response to the 215 bodies discovered at the Kamloops Residential School. (Jacob Lubberts photo)
Haisla Nation responds to 215 Indigenous children found buried at the site of Kamloops Indian Residential School

“Many Haisla children were sent far away, to places such as Port Alberni, and to Coqualeetza”

Susan Jay hosted a plant and garage sale on May 25 and donated all of her proceeds to the Kitimat General Hospital Foundation to help with the purchase of a new bus for residents at Mountain View Lodge, Delta King and the new Kitimat Valley Housing Society dementia home. (Barbara Campbell photo)
KGHF thanks Susan Jay for her help to purchase a new bus for seniors in multi-level care

Susan donated all proceeds to KGHF, her efforts netted the hospital foundation a total of $1,760

An example of what a mural would look like on the back wall on Ron’s Bait and Tackle Store which faces the courtyard and sidewall. The mural photos shown here are mock-ups of existing artwork on walls of interest in the downtown core to build anticipation within the community about the concept of murals. The KPAA will not necessarily be using these locations or this artwork for the actual murals. (KPAA photo)
Kitimat Public Art Alliance mural funding request denied

D’Andrea suggested she will come back to the council at a later date with a more concrete plan

The border crossing on Highway 11 in Abbotsford heading south (file)
VIDEO: Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

St. Joseph's Mission site is located about six kilometres from Williams Lake First Nation. (Photo submitted)
Williams Lake First Nation to search residential school site for unmarked graves

St. Joseph’s Mission Indian Residential School operated from 1886 to 1981

Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Lotto Max jackpot goes unclaimed again

42 of the 64 Maxmillion prizes of $1 million were won, the majority were sold in Ontario

FILE - This July 6, 2017 file photo shows prescription drugs in a glass flask at the state crime lab in Taylorsville, Utah. (AP Photo/Rick Bowmer, File)
Contaminants in generic drugs may cause long-term harm to DNA: B.C. researcher

Scientist says findings suggest high volume overseas facilities require strict regulation

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., on April 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Labour shortages, closed borders major obstacles to B.C. restaurant, tourism restarts

Industry expert says it won’t start to recover until international travellers can visit

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

Most Read