Image from: The Globe and Mail
Tansi Nîtôtemtik,
In a recent decision, the British Columbia Supreme Court found that an Indigenous smudging ceremony conducted at a BC elementary school was an effort to teach children about Indigenous beliefs and did not violate the Charter of Rights and Freedoms (Charter).[1] In the application, Candice Servatius argued that her children experienced mental distress from exposure to Indigenous ceremonies at their school.[2] Servatius and her children are evangelical Christians and, as such, it is against their religious beliefs to participate in “religious, spiritual, or supernatural ceremonies” that are not part of their faith.[3] Servatius brought the claim that the Indigenous ceremonies violated her children’s rights under s. 2(a) of the Charter.
Section 2(a) of the Charter protects freedoms of conscience and religion. “The purpose of s. 2(a) is to prevent interference with profoundly held personal beliefs that govern one’s perception of oneself, humankind, nature, and, in some cases, a higher or different order of being.”[4]
Justice Douglas Thompson found that when Indigenous spiritual events are held in schools, the “School District is not professing or favouring Indigenous beliefs.”[5] Rather, these are ways to teach students about Indigenous culture. Notably, Justice Thompson outlined that state neutrality would not be compromised if the class learned about Indigenous beliefs through a textbook, watching films, or travelled on a field trip to see traditional Indigenous ceremonies.[6] As such, it does not compromise state neutrality for traditional practices to be shared in the classroom.[7]
British Columbia Supreme Court documents indicate that approximately one third of the students in the Port Alberni School District, where this ceremony took place, are Indigenous.[8] The School District has taken steps to increase awareness of Indigenous culture in response to the high proportion of Indigenous students.[9] The Nuu-chah-nulth Tribal Council represents 14 First Nations in the area of the Port Alberni School District. The Council intervened in the case to ensure that children continue to be able to learn about their culture in schools. It is important that children are exposed to culture in school, with studies indicating a correlation between student success and learning about culture. This was of particular concern in this case, given that many of the students in the School District are learning about their own culture. As such, sharing of culture in school can make school a more welcoming place for Indigenous students.
Until Next Time,
Team ReconciliAction YEG
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[1] Justine Hunter, “Smudging ceremony in school did not violate freedom of religion: BC Supreme Court”, The Globe and Mail (9 January 2020), online: <https://www.theglobeandmail.com/canada/british-columbia/article-smudging-ceremony-in-school-did-not-violate-freedom-of-religion-bc/>.
[2] Ibid.
[3] Ibid.
[4] Servatius v. Alberni School District No. 70, 2020 BCSC 15 at para 66 [Servatius].
[5] Ibid at paras 85, 97.
[6] Ibid at para 85.
[7] Ibid.
[8] Srushti Gangdev, “School smudging demonstration didn’t violate Christian family’s Charter rights: BC Supreme Court”, Global News (8 January 2020), online: <https://globalnews.ca/news/6384798/smudging-demonstration-charter-rights-bc-supreme-court/>.
[9] Ibid.
