Whether the traditional act of smudging is a religious or cultural exercise is being debated in a Nanaimo court this week. (Carlos Osorio/Associated Press)

By Spencer Sterritt

RELIGIOUS BATTLE

Court case begins as Christian Port Alberni mother tries to stop smudging in classrooms

Nov 18, 2019 | 8:16 AM

NANAIMO — A lawsuit against the Indigenous practice of smudging in classrooms could have major repercussions for reconciliation efforts in B.C.

Port Alberni mother Candice Servatius is suing the Alberni school district for imposing on her families freedom of religion.

A cleansing demonstration involving the traditional Indigenous act of smudging happened on Sept. 16, 2015 in several classrooms at John Howitt Elementary School.

Servatius’ legal submissions said her child in the classroom 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 and her family are practicing evangelical Christians.

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She and her lawyers at the Justice Centre for Constitutional Freedoms are seeking an order prohibiting religious practices during mandatory school time. This includes “religious or spiritual rituals, cleanings, ceremonies and prayer.”

A week-long court case opened on Monday, Nov. 18 at the Supreme Court of B.C. in Nanaimo.

Numerous witnesses are expected to be cross-examined since much of what has been submitted in affidavits from both sides are in dispute.

For instance, Servatius claimed her daughter was told it would be rude to leave the classroom during the ceremony and she was forced to stay and participate.

Affidavits submitted by the school district paint a different picture and said approximately five students left the room due to smoke concerns.

Servatius also claimed the SD70 superintendent Greg Smyth told her “there is more tolerance for Aboriginal religion than your religion.”

An affidavit from Smyth “unequivocally denies” saying such a thing.

The B.C.-wide practice of introducing Indigenous culture into classrooms will also be analyzed during the lengthy court case.

The goal of reconciliation has increasingly become a key component of B.C. curriculums in an effort to bring cultures together and also help Indigenous students graduate.

In School District 70, only 30 per cent of Indigenous students graduated in the 2016-2017 school year.

spencer@nanaimonewsnow.com

On Twitter: @spencer_sterrit