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 for case regarding indigenous cultural practice in Port Alberni classroom concluded Friday

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

 

Just Posted

This photo of the Rack and Rally squash club was taken in June 2021. (ELENA RARDON / ALBERNI VALLEY NEWS)
Improvements planned for Third Avenue squash club

City council concerned about how long construction is taking

EJ Dunn principal Darrin Olson, left, and Nuu-chah-nulth Tribal Councils Richard Samuel, right, present Trey Kyte, second from left, with his Grades 2-3 Spring Festival 2021 winning poster. With them are Kytes fellow banner painters Liam Horbatch, Sybil Purwins and Macen Avery. (SUSAN QUINN/ Alberni Valley News)
SD70’s biennial First Nations spring festival goes virtual for 2021

Alberni Valley schools showcase Indigenous learnings from past year

Port Alberni court house (Alberni Valley News)
Coroners’ inquest into 2016 death of Port Alberni teen rescheduled for June 21

18-year-old Jocelyn George died of heart failure after spending time in jail cell

CELEBRATING IN STYLE
Members of the 2021 Alberni District Secondary School graduating class pose for a photo at McLean Mill National Historic Site on June 12. Graduates held their prom on Saturday, although things looked a little different due to COVID-19. See more on page A10. (ELENA RARDON / ALBERNI VALLEY NEWS)
Port Alberni 2021 grads celebrate prom with car cruise

Special event held at McLean Mill National Historic Site

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

A still image from security camera video recorded June 8 shows an individual lighting trash on fire in the doorway of 19+ Cannabis Store on Victoria Crescent. RCMP and Nanaimo Fire Rescue are investigating numerous fires set in downtown Nanaimo in the past three months. (Photo submitted)
‘It’s out of control’: More than 20 fires set in downtown Nanaimo in past 3 months

Authorities asking business owners to keep dumpsters locked

(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

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

Most Read