Nanaimo Courthouse (News Bulletin file)

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

Langley Township council passed a tree protection bylaw in 2019, but one resident says the municipality does not do enough to preserve valuable trees. (Black Press Media)
LETTER: The last straw

An Aldergrove resident mourns the loss of 125-year-old Douglas fir tree

The Langley School District has issued COVID-19 notifications for two more schools. (Langley Schools)
Two more Langley schools added to COVID exposure list

District says individuals are isolating at home

Eleven bags of litter along 200th Street was collected by seven volunteers on the weekend. (Jocelyn Titus/Special to The Star)
Seven volunteers pick eleven bags worth of trash along 200th Street in Langley

Jocelyn Titus, founder of Earth Ninjas and Clean Up Aldergrove group held a pick on Sunday

The lease on Hangar 17 at Langley Regional Airport is being disputed in court, as the Township tries to end it and the tenant tries to hold on. (Matthew Claxton/Langley Advance Times)
Battle over Langley Airport hangar goes to Court of Appeal

A judge has frozen any eviction until the case is decided

Chief Justice Christopher Hinkson (Office of the Chief Justice)
Judge questions whether B.C.’s top doctor appreciated right to religious freedom

Lawyer for province says Dr. Henry has outlined the reasons for her orders publicly

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

The City of Vancouver estimates there are 3,500 Canada geese in the city right now, and that number is growing. (Bruce Hogarth)
Help tame Vancouver’s Canada goose population by reporting nests: park officials

The city is asking residents to be on the lookout so staff can remove nests or addle eggs

A sample of guns seized at the Pacific Highway border crossing from the U.S. into B.C. in 2014. Guns smuggled from the U.S. are used in criminal activity, often associated with drug gangs. (Canada Border Service Agency)
B.C. moves to seize vehicles transporting illegal firearms

Bill bans sale of imitation or BB guns to young people

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

BC Housing minister David Eby is concerned that Penticton council’s decision to close a local homeless shelter will result in a “tent city” similar to this one in Everett, Wa. (Olivia Vanni / Black Press file)
‘Disappointed and baffled’ B.C. housing minister warns of tent city in Penticton

Penticton council’s decision to close a local homeless shelter could create tent city, says David Eby

Photo: Surrey RCMP
Surrey RCMP arrests two boys, age 16, during dial-a-dope investigation in Whalley

Sergeant Elenore Sturko said one boy is ‘alleged to have been in possession of a loaded handgun at the time of his arrest’

A recently published study out of UBC has found a link between life satisfaction levels and overall health. (Pixabay)
Satisfied with life? It’s likely you’re healthier for it: UBC study

UBC psychologists have found those more satisfied with their life have a 26% reduced risk of dying

A vial of some of the first 500,000 of the two million AstraZeneca COVID-19 vaccine doses that Canada has secured through a deal with the Serum Institute of India in partnership with Verity Pharma at a facility in Milton, Ont., on Wednesday, March 3, 2021. THE CANADIAN PRESS/Carlos Osorio - POOL
Federal panel recommends 4-month gap between COVID vaccine doses due to limited supply

The recommendation applies to all COVID-19 vaccines currently approved in Canada

A vial of Oxford-AstraZeneca COVID-19 vaccine is pictured at a family doctor office, Thursday, Feb. 25, 2021 in Paris. THE CANADIAN PRESS/AP -Christophe Ena
Trudeau ‘optimistic’ that timeline for rollout of COVID vaccines can be accelerated

Canada set to receive more than 6M COVID-19 vaccine dose than initially expected, by end of March

Most Read