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

Coun. Niall Paltiel of Central Saanich has filed a notice of motion directing staff to work with the WSANEC leadership council to develop a program leading toward the “gradual incorporation of traditional WSANEC names for key collector and arterial roads”(Black Press Media File)
Central Saanich councillor wants road signs to use WSANEC names

Coun. Niall Paltiel proposes ‘gradual incorporation of traditional WSANEC names’ for key roads

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Saanich council approves of a five-story multi-family development at 300 Gorge Road West and 2900 Tillicum Road. (Rendering via Alan Lowe Architect Inc.)
Saanich approves five-story, mixed-use development for Tillicum area

Plans include 53 residential units, three commercial units at Tillicum Road, Gorge Road West

Royal Roads University president Philip Steenkamp said they are aware of hateful graffiti spray-painted in an area of the forest surrounding the campus. The graffiti in question includes anti-Semitic content and a racial slur towards Black people. (Facebook/Royal Roads University)
Anti-Semitic, hateful graffiti spotted in forest near Royal Roads University

Royal Roads working with West Shore RCMP to remove graffiti “as soon as possible”

A cougar was spotted at Royal Roads University on Sunday, Jan. 24. The sighting was reported on the western edge of the campus. (File photo)
Cougar spotted at Royal Roads University Sunday afternoon

Animal reported on western side of campus near Colwood Fire Department

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

The sky above Mt. Benson in Nanaimo is illuminated by flares as search and rescuers help an injured hiker down the mountain to a waiting ambulance. (Photo courtesy Nanaimo Search and Rescue)
Search plane lights up Nanaimo mountain with flares during icy rope rescue

Rescuers got injured hiker down Mt. Benson to a waiting ambulance Saturday night

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

Nanaimo Regional General Hospital. (News Bulletin file photo)
COVID-19 outbreak declared at Nanaimo hospital

Two staff members and one patient have tested positive, all on the same floor

Most Read