Ferntree, of Duncan, British Columbia, a member of the Cowichan Tribes, holds her hand up as she partakes in a smudging ceremony as smoke from a smoldering bundle of dried sweetgrass is directed toward her during a Native American protest against Columbus Day, Monday, Oct. 10, 2011, in Seattle. The fourth annual protest by the Oldgrowth Alliance included leaders and youth from Native American and Alaska Native communities speaking out against the annual holiday honoring Christopher Columbus’ arrival in the Americas. Protest organizers say that Columbus could not have “discovered” a western hemisphere already inhabited by about 100 million people. (AP Photo/Elaine Thompson)

Ferntree, of Duncan, British Columbia, a member of the Cowichan Tribes, holds her hand up as she partakes in a smudging ceremony as smoke from a smoldering bundle of dried sweetgrass is directed toward her during a Native American protest against Columbus Day, Monday, Oct. 10, 2011, in Seattle. The fourth annual protest by the Oldgrowth Alliance included leaders and youth from Native American and Alaska Native communities speaking out against the annual holiday honoring Christopher Columbus’ arrival in the Americas. Protest organizers say that Columbus could not have “discovered” a western hemisphere already inhabited by about 100 million people. (AP Photo/Elaine Thompson)

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

Candice Servatius, who is an evangelical Christian, is suing School District 70

A Port Alberni mom will soon have her time in court after she claims her two children’s rights to religious freedom were infringed on after their elementary school held an Indigenous smudging ceremony.

Candice Servatius, who is an evangelical Christian, is suing School District 70 and seeking a court-ordered ban on the cultural practice in schools across the province. The petition, first filed in late 2016 and is set to be heard in Supreme Court in Nanaimo on Monday.

At the beginning of the school year in 2015, John Howitt Elementary School’s principal Stacey Manson sent out a letter informing parents that a member of the Nuu-chah-nulth First Nation would be visiting the school to talk with students about their culture and history.

“This will be our opportunity to learn about Nuu-chah-nulth traditions and experience cleansing of energy from previous students in our classroom, previous energy in our classroom, and cleanse our own spirits to allow GREAT new experiences to occur for all of us,” a copy of the letter reads, according to court documents.

Manson explained that the students would be asked to hold cedar branches and participating in a smudging ceremony, a practice that involves fanning smoked sage. It didn’t specify when the ceremony would be happening.

“Classroom and furniture will also be cleansed to allow any previous energy from: falls, bad energy, bullying, accidents, sad circumstances, etc. to be released and ensure the room is safe for all and only good things will happen,” Manson wrote.

Parents were invited to observe if they wished to.

ALSO READ: Nuu-chah-Nulth Tribal Council hopes for resolution in SD70 court case

In her legal submission, Servatius said she went to the school to voice her concern about the cleansing ceremony and its religious nature but was “shocked” to be told it had already taken place.

The legal submission says that Servatius’ daughter, in Grade 5 at the time, “experienced anxiety, shame and confusion as a result of being forced to participate in a religious ritual that conflicted with her own religious convictions.”

Servatius claims her daughter was coerced into participating, and when she told her teacher she didn’t want to participate the teacher allegedly told her “it would be rude” if she opted out adding that “all students are required to participate.”

In the weeks that followed, Servatius reached out to the superintendent for the district, Greg Smyth, who told the mom that no religious or spiritual exercises would again occur without giving adequate notice.

But on Jan. 7, the school closed an assembly with an Aboriginal prayer, Servatius says, “directed to an unspecified god.”

Smyth argued that the prayer was not religious and instead cultural.

READ MORE: B.C. to be first to implement UN Indigenous rights declaration

The Nuu-chah-nulth are an intervenor in the case. In an interview with Black Press Media’s Alberni Valley News in 2016, after Servatius filed her petition to the court, defended their culture.

“Nuu-chah-nulth is not a religion, Deb Foxcroft, the former president of the tribal council said at the time. “We are a group of Indigenous people who have been here on the West Coast of Vancouver Island since time immemorial. Our language and culture is what makes us unique.”

She added that reconciliation includes encouraging cultural practices to be taught through the education system.

The ruling has the possibility to impact B.C.’s public school curriculum, which introduced Indigenous studies for Kindergarten to Grade 12 courses beginning in 2018.

ALSO READ: Media, robotics, Indigenous studies coming to B.C. Grade 12 classrooms in 2019-20

Black Press Media has reached out for further comment from the tribal council, as well as from the BC Teachers’ Federation.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where one employee is still currently isolating after a COVID-19 outbreak was first declared on Nov. 19. (Photo courtesy of LNG Canada)
54 positive COVID-19 cases associated with LNG Canada site outbreak

There’s been a two-person increase in positive cases since Tuesday (Dec. 1)

K-J Millar/The Northern View
8 confirmed COVID-19 deaths in the Northern Health Authority

Since Nov. 27, there have been 191 new cases reported in NHA

A coal-fired power plant seen through dense smog from the window of an electric bullet train south of Beijing, December 2016. China has continued to increase thermal coal production and power generation, adding to greenhouse gas emissions that are already the world’s largest. (Tom Fletcher/Black Press)
LNG featured at B.C. energy industry, climate change conference

Hydrogen, nuclear, carbon capture needed for Canada’s net-zero goal

Two snowmobilers stranded overnight near Yanks Peak were rescued Wednesday, Dec. 2 by Central Cariboo Search Rescue with mutual aid from Prince George Search and Rescue and South Cariboo Search. (Central Cariboo Search and Rescue photo)
Central Cariboo Search and Rescue rescues two snowmobilers from Cariboo Mountains

Prince George Search and Rescue, South Cariboo Search and Rescue did mutual aid

Victoria’s Royal Jubilee Hospital took in two COVID-19 patients from Northern Health as part of a provincial agreement. (Black Press Media file photo)
Victoria hospital takes in two COVID-19 patients from Northern Health

Royal Jubilee Hospital takes patients as part of provincial transport network

A snow moon rises over Mt. Cheam in Chilliwack on Feb. 8, 2020. Friday, Dec. 11, 2020 is Mountain Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Information about the number of COVID-19 cases in Abbotsford and other municipalities poses a danger to the public, the Provincial Health Services Authority says. (Photo: Tyler Olsen/Abbotsford News)
More city-level COVID-19 data would jeopardize public health, B.C. provincial health agency says

Agency refuses to release weekly COVID-19 case counts, citing privacy and public health concerns

Carmen Robinson was last seen getting off a bus in View Royal the evening of Dec. 8, 1973. Her case remains unsolved 47 years later. (Greater Victoria Crime Stoppers)
Gone cold: Fate of B.C. teen remains a mystery, 47 years after her disappearance

Carmen Robinson, 17, was last seen exiting a bus near Victoria in December 1973

Most Read