Nanaimo Courthouse, where B.C. Supreme Court is hearing the case of a Port Alberni mother who says her daughter’s religious freedoms were infringed on when she was forced to participate in an indigenous smudging ceremony. (NEWS BULLETIN file photo)

Nanaimo Courthouse, where B.C. Supreme Court is hearing the case of a Port Alberni mother who says her daughter’s religious freedoms were infringed on when she was forced to participate in an indigenous smudging ceremony. (NEWS BULLETIN file photo)

Student tells B.C. Supreme Court she wasn’t allowed to leave indigenous smudging ceremony

Girl cross-examined Monday in Nanaimo courtroom, case continues Tuesday

A Vancouver Island student told B.C. Supreme Court on Monday that she was forced to remain in her elementary school classroom during an indigenous smudging ceremony, despite her wishes to leave.

The student gave evidence in a Nanaimo courtroom as part of a lawsuit filed by Candice Servatius against Alberni School District 70.

According to court documents, Servatius claims the school district breached its duty of neutrality and that her daughter’s rights to religious freedom were infringed on when she was forced to participate in a Nuu-chah-nulth smudging ceremony at John Howitt Elementary School in September 2015. The mother, who is described by her legal counsel as an evangelical Christian, claims her daughter experienced “anxiety, shame and confusion as a result” of the ceremony and that it conflicted with her own religious convictions. She is seeking a court-ordered ban on the cultural practice in schools across British Columbia.

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

Servatius’s daughter cannot be named due to a publication ban.

According to an affidavit from the girl who spoke in court Monday, the school provided students with a letter informing them that a member of the Nuu-chah-nulth First Nation would be visiting to talk with students about their culture and history. A day later, the ceremony took place. In her affidavit, the girl claims she was confused, uncomfortable, and wanted to talk to her parents before the ceremony took place, but couldn’t.

On Nov. 18, the student was cross-examined by the school district’s legal counsel, Keith Mitchell of Harris and Company.

“I was forced to be in that classroom,” the girl told the courtroom.

The student told the court about the smudging ceremony, explaining how smoke fanned onto students’ backpacks and that it filled the classroom.

“It got too smoky inside the classroom. It was getting harder to breathe,” she said, later adding that there was “a lot of coughing.”

The girl also said the elder performing the ceremony told the students that the “classroom was dirty.” She said she asked to leave the classroom because she was uncomfortable with what was happening but that her teacher wouldn’t let her.

“I wasn’t allowed to leave the classroom,” she said.

However, Mitchell informed her that her teacher, who has yet to be cross-examined, disputes her account of what happened during the smudging ceremony and that despite her claims, she never asked to leave the classroom.

“She is going to say that you didn’t ask and she is going to say that other students did, in fact, leave the classroom,” Mitchell said.

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

Asked by Mitchell whether the ceremony made it “more difficult” for her to be a Christian, she responded by saying it did not.

The girl’s lawyers attempted to have her explain why she “had an issue with” the smudging ceremony but were denied by Justice Douglas Thompson, who said the affidavit explains her reasons for being upset with the ceremony.

The school district disputes the claims made by Servatius. The case is scheduled to continue at the Nanaimo Courthouse Tuesday, Nov. 19.



nicholas.pescod@nanaimobulletin.com

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

The Vancouver Island Crisis Society has seen a five per cent rise in call volumes compared to this time last year. (Black Press Media file photo)
Winter blues a concern for Vancouver Islanders during COVID-19 Christmas season

Statistics show British Columbians anticipate worsening mental health

Jason Soukochoff is wanted on a Canada-wide warrant, say Victoria police. (Courtesy VicPD)
Victoria police seek man with violent criminal history against elderly

Jason Soukochoff wanted on Canada-wide warrant for parole violations

Bystanders attend to a cyclist who is knocked to the pavement of Oak Bay Avenue. Witnesses say the cyclist was knocked off their bike in a dooring incident on Oak Bay Avenue at Fell Street at around 12:40 p.m. on Wednesday. 
(Daniel Opden Dries Photo)
UPDATED: VicPD tickets driver for ‘dooring’ cyclist on Oak Bay Avenue

Incident occurred at Oak Bay Avenue and Fell Street

West Shore RCMP pulled over a 2010 Jeep Grand Cherokee on Nov. 23 after noting that it didn’t appear safe for the road. (West Shore RCMP)
West Shore RCMP pull over vehicle held together by tape and cargo strap

RCMP deemed the vehicle unsafe for the road and had it towed away

An Oak Bay municipal crew finishes off a job by laying hot asphalt in place on Dalhousie Street. The District of Oak Bay is in the process of completing a number of underground infrastructure projects, part of its long term asset renewal plan for the municipality. (Don Descoteau/News Staff)
Oak Bay’s Uplands sewer, storm line separation project awaits funding

Federal/provincial infrastructure grant announcement expected next spring

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Nov. 24

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(AP Photo/Haven Daley)
POLL: Do you think the current COVID-19 restrictions should continue beyond Dec. 7?

One week into the new restrictions to curtail the spread of the… Continue reading

(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

An excavator was stolen from a rural property south of Nanaimo this month, say police. (Photos submitted)
Excavator stolen from property south of Nanaimo

Bobcat Mini believed to have been stolen between Nov. 12-14, say RCMP

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

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

Most Read