INTERESTING NEWS Canada’s Oldest First Nations Newspaper - Serving Nuu-chah-nulth-aht since 1974 Canadian Publications Mail Product Vol. 49 - No. 24—December 15, 2022 haas^i>sa Sales Agreement No. 40047776
Court dismisses mother’s Inquiry held for fatal appeal in smudging case stabbing The B.C. Court of Appeal upholds a decision that Indigenous demonstrations in an Judge hears evidence elementary school did not go against stipulations in the Canadian Charter of Rights related to 2021 murder of Clifton Johnson By Denise Titian Ha-Shilth-Sa Reporter Vancouver, BC – The mother of two former John Howitt Elementary students has lost her appeal of a January 2020 court ruling, which determined that a smudging ceremony held at the school did not infringe on her children’s right to freedom of religion. Candice Servatius, a devout Christian and mother, took issue with Indigenous cultural demonstrations held at a public school attended by her children, claiming that the events were religious in nature and went against her own church’s teachings. In September 2015 a Nuu-chah-nulth education worker arranged for a smudge ceremony at John Howitt Elementary School, as part of her work to support students and to introduce Indigenous culture to them. Student attendance at the ceremony, the court heard, was voluntary and some students chose not to take part. Servatius’ then 9-year-old daughter remained at the ceremony. The following January, the school held an assembly in which an invited guest, a hoop dancer, said a prayer in an Indigenous language over the microphone before his performance. Servatius asserted that this prayer also infringed on her children’s right to freedom of religion. Dissatisfied with the school’s response to her concerns, Servatius took the matter to court, alleging that the school infringed her Charter-guaranteed freedom of religion by compelling her children to participate in religious ceremonies contrary to their own faith. She also claimed that the demonstrations violated the principle of state neutrality. She sought relief prohibiting School District 70 from allowing Indigenous cultural events in schools. Represented by Alberta-based Justice Centre for Constitutional Freedoms (JCCF), the matter went to trial in November 2019, with testimony given by members of the Servatius family, her church, John Howitt teacher and staff of the Nuu-chah-nulth Tribal Council. The following January the B.C. Supreme Court released it’s ruling. The trial judge found that the students were observing the events as educational
By Denise Titian Ha-Shilth-Sa Reporter
Photo by Eric Plummer
On Dec. 12 the B.C. Court of Appeal upheld a decision that Indigenous demonstrations, including smudging by the burning of sage, in a Port Alberni elementary school did not go against Charter rights. experiences and not participating in them, She went on to say that the court agreed and that their freedom of religion was not with the lower court that smudging is not infringed. a religious thing, nor can anyone define The trial judge also found that the issues spirituality for Nuu-chah-nulth except in the litigation were of general public Nuu-chah-nulth. interest and ordered the parties to pay “It is a strong ruling that no child was their own costs. forced to take part in smudging; in fact, In June 2022, Servatius filed an appeal they were told [they] could leave the and SD70 filed a cross appeal on the isclassroom and only watched the smudgsue of court costs. ing and did not participate in any way,” The B.C. Court of Appeal issued its Sayers added. “The court clearly stated decision Dec. 12, 2022. Servatius’ appeal that smudging was not part of a belief was dismissed. The court found that neisystem that would be used to convert othther school event breached the student’s er people from one religion to another.” freedom of religion nor the school’s duty Servatius’ court costs were funded by of state neutrality. a special interest group, Justice Centre “The Court of Appeal ruled that the for Constitutional Freedoms, a registered trial judge did not make an error in his charity that is supported by public donafindings of fact that the children did not tions. She was ordered to pay SD70’s participate in the smudging or the prayer court costs in the recent B.C. Court of and the school did not promote or favour Appeal ruling. a set of beliefs,” reads the ruling. “NTC seeks to teach about our culture “The NTC is very happy that the B.C. within schools with the agreement of Court of Appeal ruled in the smudgthe School District so our children feel ing case that there was no breach of the more comfortable in their schools and children’s freedom of religion by either that non-Nuu-chah-nulth have a better the smudging demonstration or the hoop understanding of our culture and way of dancer’s prayer before he danced,” said life,” Sayers stated. NTC President, Cloy-e-iss, Judith Sayers.
Inside this issue... Ahousaht schools back in session..................................Page 3 Murder raises housing urgency......................................Page 5 Exploring discarded timber...........................................Page 7 Indigenous traditions key to biodiversity......................Page 11 67th annual Totem basketball tournament....................Page 15
Port Alberni, BC – The families of two Nuu-chah-nulth men have been gathering at the Port Alberni courthouse as the preliminary inquiry gets underway following the March 2021 murder of 20-year-old Clifton Johnston, an Ahousaht member. The accused is a Nuu-chah-nulth youth who was 16 years old when arrested in January 2022. He cannot be identified due the Youth Criminal Justice Act. Members of his family were in the courtroom to hear testimony on Dec. 13. According to the federal Department of Justice, a preliminary inquiry is a judicial hearing that is used in serious criminal cases to determine whether the evidence assembled by the Crown against an accused person is sufficient to proceed to a trial. “The preliminary inquiry is not a trial in the strict sense, although evidence is given under oath and the accused or the accused’s counsel is entitled to cross examine any witnesses summoned by the Crown,” stated the Department of Justice. The court issued a publication ban in relation to the inquiry. Information gleaned during a preliminary inquiry is not usually released to the public. This is a measure to protect information in the event the matter goes to trial. In the early morning hours of March 27, 2021, a pedestrian discovered the lifeless body of 20-year-old Clifton Johnston in front of the Port Alberni Friendship Center in the 3500 block of 4th Avenue. According to the RCMP, he had suffered stab wounds to the chest. Described has a happy, fun-loving boy by Ahousaht elder Wally Samuel, Johnston, a former Port Alberni resident, was visiting town for the weekend. His mother, Iris Clarke, said they were on a trip from their home in Abbotsford, B.C., when she dropped him off for a visit in Port Alberni. The preliminary inquiry is being held at the Port Alberni Courthouse at 2999 4th Ave from Dec. 13 to 15. If the judge determines that the Crown has met its burden of providing sufficient evidence against the accused, the matter can proceed to trial.
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