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

This BC Hydro map shows some of the power outages across Northern BC. Many were caused by high winds. (BC Hydro Website)
Power out across much of Northern BC

BC Hydro anticipates some may be without power overnight

Nuxalk elder Caroline Mack, 85, receives her first dose of the Moderna vaccine on Jan. 19, at the Nuxalk Hall. (Caitlin Thompson photo)
First vaccines roll out for Nuxalk elders, hospital staff and long-term care residents

The Moderna vaccine arrived in Bella Coola on Sunday, Jan. 17

Administering naloxone to a person experiencing a benzo-related overdose event won’t help. Naloxone is used to neutralize opioids. (Jenna Hauck/The Progress file photo)
Northern Health warning drug users of potential benzo contamination

The drug does not respond to naloxone, and is being included in street drugs

The ski hill is clearly marked as a no snowmobiling zone, but that hasn’t deterred sledders from ruining it for the second time this season (Patrick Gunderson photo)
Tweedsmuir Ski Hill wrecked by sledders for second time this season

The Club is respectfully requesting snowmobilers stay off the ski hill

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19 cases climb to 52 as first vaccinations to begin Jan. 19

VCH has indicated vaccines will be available for off-reserve elders, but has not provided specifics

Syringe is prepared with one of B.C.’s first vials of Pfizer vaccine to prevent COVID-19, Victoria, Dec. 22, 2020. (B.C. government)
B.C.’s COVID-19 caseload stays steady with 465 more Tuesday

No new outbreaks in health care facilities, 12 more deaths

Flags line the National Mall towards the Capitol Building as events get underway for President-elect Joe Biden’s inauguration ceremony, Wednesday, Jan. 20, 2021, in Washington. (AP Photo/Julio Cortez)
Joe Biden arrives at U.S. Capitol for inauguration

About 25,000 National Guard members have been dispatched to Washington

A memorial for the fatal bus crash involving the Humboldt Broncos hockey team at the intersection of Highways 35 and 335 near Tisdale, Tuesday, October 27, 2020. THE CANADIAN PRESS/Liam Richards
‘End of the road:’ Truck driver in Humboldt Broncos crash awaits deportation decision

Sidhu was sentenced almost two years ago to eight years after pleading guilty to dangerous driving

Cumberland photographer Sara Kemper recently took the top spot in a Canadian Geographic photography contest. Photo by Sara Kemper
B.C. photographer takes top Canadian Geographic photo prize

Sara Kemper shows what home means to her in Comox Valley photo

New Westminster TV production designer, Rick Whitfield, has designed an office in a box for British Columbians in need of a private workspace. (BC Box Office photo)
PHOTOS: B.C. man designs ‘box office’ solution for those working from home

‘A professionally designed workspace on your property, away from the distractions of home’

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

Chilliwack ER doctor Marc Greidanus is featured in a video, published Jan. 18, 2021, where he demonstrates and describes effectiveness of various styles of masks. (Youtube)
VIDEO: Emergency room doctor runs through pros and cons of various masks

‘We’ve been asked to wear a mask and it’s not that hard,’ Greidanus says.

(Pixabay photo)
VIDEO: Tip to Metro Vancouver transit police helps woman 4,000 km away in Ohio

Sgt. Clint Hampton says transit police were alerted to a YouTube video of the woman in mental distress

A woman types on her laptop in Miami in a Monday, Dec. 12, 2016, photo illustration. THE CANADIAN PRESS/AP/Wilfredo Lee
British Columbia government lax on cybersecurity practices, auditor reports

The audit did not highlight a specific threat, but it found breaches in cybersecurity are increasing globally

Most Read