Nanaimo Courthouse (News Bulletin file)

Teacher tells B.C. Supreme Court that student was ‘happy’ to watch smudging ceremony in classroom

Case being heard in Nanaimo over indigenous cultural practice in Port Alberni classroom

The teacher accused of forcing one of her students to participate in an indigenous smudging ceremony told B.C. Supreme Court in Nanaimo that the allegation is a lie.

Candice Servatius, an evangelical Christian, is claiming her daughter’s rights to religious freedom were infringed on when she was forced to participate in a Nuu-chah-nulth smudging ceremony at Port Alberni’s John Howitt Elementary School in September 2015.

Servatius alleges that her daughter expressed a desire to leave the room but was told by her teacher that it would “be rude” to opt out, according to court documents.

RELATED: Student tells Nanaimo courtroom she wasn’t allowed to leave indigenous smudging ceremony

On Nov. 20, Jelena Dyer, who was the teacher when the ceremony took place, was cross-examined by Servatius’s lawyer, Jay Campbell of the Justice Centre for Constitutional Freedoms.

“I take great offence to being accused of coercing a child and being accused of violating a child’s rights. That hurts me to the core,” Dyer said.

She told the court that on the day in question, there were between 29 and 30 students in her class and that when the smudging ceremony occurred, the Nuu-chah-nulth elder explained what was happening and how it was important to her and her people.

“She was actually quite skilled at explaining, I took particular note of that, how she was able to explain every single time, this is what her people believe, ‘our understanding, our knowledge, this is what we believe,’” she said, later adding that it was clearly communicated to everyone in the room that there was no intent to “impress” Nuu-chah-nulth’s beliefs upon the students or adults present.

Dyer said that the closest any of the students would have been to the burning sage was about a metre and that there was “barely” any smoke.

“At no point was there excessive smoke in the room,” she said. “I understand the fire code, we were actually quite concerned that any actual sort of smoke coming from the sage would set off the fire alarm, so we took great care to ensure that there was very, very little smoke coming out.”

During the ceremony, Dyer said Servatius’s daughter didn’t express any concerns, either orally or physically.

“I remember she was sitting in the front row very happy to watch the entire demonstration, enthusiastically,” Dyer said.

Dyer said students were given the opportunity to leave the room during ceremony and that some did, but Servatius’s daughter wasn’t one of them.

“She did not request to leave the room, she was a very quiet student,” Dyer said. “She sat, observed, didn’t say a word. Didn’t say she was upset with me, didn’t communicate [using] body language that she was upset at any time.”

RELATED: ‘Our culture is not a religion,’ indigenous educator tells Nanaimo court in case of smudging at school

Dyer also said she never heard from Servatius’s daughter about the ceremony at all.

“At no point did she get up out of her desk. At no point before, during, or after did she speak to me about the cleansing,” Dyer said.

Servatius is seeking a court-ordered ban on smudging at B.C. public schools. The case has been taking place all week in B.C. Supreme Court in Nanaimo.







nicholas.pescod@nanaimobulletin.com 
Like us on Facebook and follow us on Twitter and Instagram

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Dogs are matched with the person, not the person matched to the dog – Prince Rupert SPCA

Prince Rupert SPCA does their due diligence in adopting dogs to suitable human companions

Photo Gallery: Memorial totem pole raising in Prince Rupert

The memorial pole stands in memory of Prince Rupert carvers mother on Second Ave. West

Province, feds, Wet’suwet’en announce progress in MOU talks

External community engagement process launched to help implement Wet’suwet’en rights and title

Memorial totem pole raised in Prince Rupert

The memorial pole was a two year project led by local carver Lyle Campbell

Heart of our city – Fighting for the road to recovery

World champion kick-boxer wins at Trinity House recovery program

578 British Columbians currently infected with COVID-19

Seventy-eight new cases confirmed in past 24 hours

Conservation seizes fawn illegally kept captive in Vancouver Island home

A Comox Valley resident charged and fined under the Wildlife Act

Pandemic could be driving more parents to get on board with flu shot: study

University of B.C. study gauges willingness for parents to vaccinate children for influenza

Watchdog clears Okanagan RCMP in death of man after arrest over alleged stolen pizzas

The man died in hospital after having difficulty breathing and broken ribs

Have you seen Berleen? B.C. pig destined for sanctuary goes missing

Berleen was less than two weeks from travelling to Manitoba when she vanished

Health Canada says several kids hospitalized after eating edible pot products

People warned not to store cannabis products where children can find them

‘It’s not just about me’: McKenna cites need to protect politicians from threats

Police investigation was launched after someone yelled obscenities at a member of McKenna’s staff

Michigan plans dedicated road lanes for autonomous vehicles

First study of its kind in the U.S. to figure out whether existing lanes or shoulders could be used

Most Read