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

Just Posted

LETTER: Getting ready for Kent’s 125 anniversary

Chair of the anniversary sub-committee Bev Kennedy shares some information about 202o events

Agassiz Christian School ‘egg-cited’ to gift chickens to families abroad

Students will donate at least 100 live chickens to families in Bangladesh, Cambodia and India

PET CARE: How to choose a worthy charity this December

Columnist Nicolette Joosting shares her tips on how to decide which animal charity to support

Netflix confirms new ‘Virgin River’ series filmed in Agassiz

Filming for the romance drama took place on Pioneer Avenue last spring

Do you hear what I hear? Hundreds attend 52nd annual Agassiz carol festival

Holiday carolers sang the night away and raised almost $2,000 for the food bank

Agassiz’s Dickens Tea sells out for seventh year

The annual holiday event saw visitors enjoy high tea and historic talks

B.C. VIEWS: Hunger does not end with the season

Despite innovations in food distribution, the need is still there in B.C. communities

VIDEO: Giants edged out by Everett

Another case where Vancouver outshot an opponent, but couldn’t get past the other goalie

Sharks beat Canucks 4-2 to snap 6-game skid

Vancouver visits Vegas on Sunday

Fans sing Canadian anthem after sound system breaks at BMW IBSF World Cup

The Canadians in attendance made sure their team and flag were honoured on the podium

VIDEO: Fire destroys Big White Ski Resort chalet

Social media eulogies peg the property, nicknamed “The Pharamacy,” as both loved and hated

Prince George RCMP use bait packages to catch porch pirates over the holidays

First-in-Canada program with Amazon looks to combat parcel theft

Surrey councillor wants the policing transition process to ‘immediately stop’

Brenda Locke to make motion at Dec. 16 meeting to reconsider current plan

Man pleads guilty to second-degree murder in 2017 Stanley Park stabbing

Lubomir Kunik was found by a man out walking his dog on the beach late on Feb. 1, 2017

Most Read