A B.C. Supreme Court Judge rejected a woman's lawsuit which attempted to ban the Indigenous cultural practice known as smudging in schools around the province. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

court judgement

Judge rejects bid to outlaw Indigenous cleansing exercise in BC classrooms

Jan 8, 2020 | 9:07 AM

NANAIMO — A lawsuit against an educational Indigenous cleansing demonstration in classrooms across the province has been shot down by a B.C. Supreme Court Judge.

Justice Douglas Thompson ruled the practice of smudging in a Port Alberni classroom in 2015 did not infringe on the religious beliefs of two children at John Howitt Elementary School (JHES).

“And it is unnecessary to consider the question of whether the alleged limitation on freedom is justified,” Justice Thompson’s ruling stated.

The Sept. 16, 2015 ceremony in several JHES classrooms featured a Nuu-cha-nulth smudging ceremony and prayer said by a hoop dancer at a school assembly.

The case was launched by Candace Servatius, an Evangelical Christian with two children who attended the Port Alberni school at the time.

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Justice Thompson’s decision referenced disputed facts on the day in question in which a teacher relayed her version of a events of an Elder igniting sage in a shell to create smoke.

The Elder walked the perimeter of the room, along the walls, fanning smoke with an eagle feather onto the walls. There was no smudging or cleansing of any person, according to the JHES teacher.

Justice Thompson noted the petitioner’s daughter, who was nine years old at the time, described the smudging event very differently.

The girl’s affidavit referenced so much smoke in the classroom that she had difficulty seeing, which Justice Thompson rejected.

Justice Thompson also determined the petitioner’s daughter was not coerced by her teacher to participate as the girl claimed.

In a news release, Servatius’ lawyer Jay Cameron stated: “This is a disappointing decision for the citizens from any religion or cultural background, each of whom has a constitutional right to be free from state-compelled spirituality.”

Cameron added Justice Thompson’s decision is being reviewed “with an eye to next steps.”

Nuu-cha-nulth president Judith Sayers stated in a news release smudging does not fit into the categorization of a religious practice.

“To attempt to do so, is to attempt to force ancestral practices into square boxes which the courts have said cannot happen,” Sayers said.

Sayers said the decision is a victory for children and their education.

Servatius’ court action against The Alberni School District, Nuu-cha-nuulth Tribal Council and B.C. Government led to a five-day trial in Nanaimo last November.

ian@nanaimonewsnow.com
On Twitter: @reporterholmes