Courthouse in Nanaimo. (News Bulletin file)

Courthouse in Nanaimo. (News Bulletin file)

Province argues in B.C. Supreme Court for smudging in schools, says it relates to curriculum

Hearing concludes in case regarding indigenous cultural practice in Vancouver Island classroom

A five-day hearing for a Supreme Court case that could determine whether indigenous smudging ceremonies can happen in public schools concluded today, Nov. 22, in a Nanaimo courtroom.

Candice Servatius, a Christian mother from Port Alberni, filed a petition against Alberni School District 70, claiming that her daughter’s religious rights were infringed on when forced to participate in a Nuu-chah-nulth smudging ceremony at John Howitt Elementary School in 2015. Servatius is seeking a court-ordered ban on the practice in schools across the province. The Attorney General of B.C. is also named as a respondent in Servatius’s petition.

Throughout the week, lawyers from all sides presented their arguments in front of Justice Douglas Thompson, who will be ruling on the matter.

RELATED: Student tells Nanaimo courtroom she wasn’t allowed to leave indigenous smudging ceremony

During Friday’s session, Katie Webb, legal counsel for the attorney general’s office, told the court that the province takes no position with regards to the accusation that the school board wronged Servatius or her daughter, but opposes any order that would ban smudging ceremonies in schools.

“The proposed order would be in conflict with aspects of the provincial curriculum requiring the incorporation of indigenous knowledge,” she said.

Webb said Canada has a history of assimilationist educational policy towards indigenous children, specifically the residential school system, which has contributed to the disparities between indigenous and non-indigenous students today. She said the court should consider the “broader” historical context when rendering a decision.

“It would be an error for this court to consider [the case] in isolation from that broader context,” she said, adding that evidence suggests that 14 to 15 per cent of students at John Howitt Elementary are indigenous.

RELATED: ‘Our culture is not a religion,’ indigenous educator tells Nanaimo court in case of smudging at school

In order to address the “horrors” of the residential school system and to make the public education system in British Columbia more inclusive for everyone, Webb said the province began integrating a new curriculum with a focus on indigenous learning in 2016. She said the smudging ceremony reflects the efforts made by the school to implement that curriculum.

“The incorporation of indigenous knowledge and world views in the educational program promotes a more inclusive educational experience in a culturally safe space, for indigenous and non-indigenous students alike,” she said.

In this case, according to Webb, there hasn’t been a constitutional challenge of the province’s curriculum and therefore it would be “unfair” for the courts to impose any such ban. She said the Canadian Charter of Rights and Freedoms does not require the school’s administrators to “achieve a perfect calibration” between charter values and a statutory mandate, but rather a “proportionate” balance.

Webb also said it isn’t clear how such an order would be enforced and that the term “religious practices” – which she said had been debated heavily during the hearing – is vague.

“In my submission, that very vagueness is exemplified by the fact that seven lawyers have spent five days in this room arguing about whether we can characterize these events as religious,” she said.

Speaking to the News Bulletin afterwards, Jay Cameron, legal counsel representing Servatius, said the province needs a “statutory mandate” in order to permit smudging ceremonies in schools without parental consent, but that it has no such mandate.

“There is no statutory mandate to cleanse small children against their will without their parents’ knowledge or permission,” he said.

Cameron said his client respects indigenous history culture and is supportive of people wanting to learn about it, but that the province went too far.

“The state crossed the line when it imposed a spiritual ceremony on her children without proper notice to her or the ability to consider opting them out,” he said. “Her position is that shouldn’t happen to anyone no matter what they believe.”

RELATED: Teacher says student was ‘happy’ to watch smudging ceremony at Vancouver Island school







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

Tom Jackson and bassist Kirby Barber in a trailer for "The Huron Carole," from video posted to youtube.com.
Tom Jackson’s ‘Huron Carole’ concert in White Rock goes virtual to feed hungry Canadians

Surrey broadcast date of Blue Frog-recorded show is Friday, Dec. 11, to benefit Surrey Food Bank

Pastry chef Eric Fernandez stands alongside some of his many creations at Popup Patisserie, a pop-up pastry shop on 176th Street that will be open until the end of December. (Photo: Malin Jordan)
Popup Patisserie opens in Cloverdale

Handmade holiday pastries shop located on 176th Street

The COVID-19 test centre at Peace Arch Hospital is located on the building’s south side. (Tracy Holmes photo)
South Surrey woman calls for consistency in COVID-19 post-test messaging

‘Could we just get one thing straight?’ asks Deb Antifaev

Fentanyl test strips are designed to work in seconds and give a person a negative or positive sign that fentanyl is present in a substance. It also works with other analogues such as carfentanil. (Photo: ASHLEY WADHWANI)
21 people died of overdoses in Surrey in October

Provincewide, more than five people died a day from overdoses

(Photo: Amy Reid)
VIDEO: 2020 Community Leader Awards recognize Surrey’s unsung heroes

They don’t often receive recognition and don’t necessarily have a high profile in the community

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at Okanagan campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Most Read