Page 4— Ha-Shilth-Sa—February 13, 2020 Ha-Shilth-Sa newspaper is published by the Nuu-chah-nulth Tribal Council for distribution to the members of the NTC-member First Nations, as well as other interested groups and individuals. Information and original work contained in this newspaper is protected by copyright and may not be reproduced without written permission from: Nuu-chah-nulth Tribal Council P.O. Box 1383, Port Alberni, B.C. V9Y 7M2. Telephone: (250) 724-5757 Fax: (250) 723-0463 Web page: www.hashilthsa.com facebook: Hashilthsa Ntc
LETTERS and KLECOS Ha-Shilth-Sa will include letters received from its readers. Letters MUST be signed by the writer and have the writer’s full name, address and phone number on them. Names can be withheld by request. Anonymous submissions will not be accepted. We reserve the right to edit submitted material for clarity, brevity, grammar and good taste. We will definitely not publish letters dealing with tribal or personal disputes or issues that are critical of Nuu-chah-nulth individuals or groups. All opinions expressed in letters to the editor are purely those of the writer and will not necessarily coincide with the views or policies of the Nuu-chah-nulth Tribal Council or its member First Nations. Ha-Shilth-Sa includes paid advertising, but this does not imply Ha-Shilth-Sa or Nuu-chah-nulth Tribal Council recommends or endorses the content of the ads.
2020 Subscription rates: $35.00 per year in Canada and $40 per year in the U.S.A. and $45 per year in foreign countries. Payable to the Nuu-chah-nulth Tribal Council. Manager/Editor/Reporter Eric Plummer (Ext. 243) (250) 724-5757 Fax: (250) 723-0463 eric.plummer@nuuchahnulth.org Reporter Denise Titian (Ext. 240) (250) 724-5757 Fax: (250) 723-0463 denise.titian@nuuchahnulth.org Audio / Video Technician Mike Watts (Ext. 238) (250) 724-5757 Fax: (250) 723-0463 mike.watts@nuuchahnulth.org Editorial Assistant Holly Stocking (Ext. 302) (250) 724-5757 - Fax:(250) 723-0463 holly.stocking@nuuchahnulth.org
DEADLINE: Please note that the deadline for submissions for our next issue is February 21, 2020 After that date, material submitted and judged appropriate cannot be guaranteed placement but, if material is still relevant, will be included in the following issue. In an ideal world, submissions would be typed rather than hand-written. Articles can be sent by e-mail to holly.stocking@nuuchahnulth.org (Windows PC). Submitted pictures must include a brief description of subject(s) and a return address. Pictures with no return address will remain on file. Allow two - four weeks for return. Photocopied or faxed photographs cannot be accepted.
Photo by Eric Plummer
A Port Alberni mother is continuing her fight against smudging and other Indigenous practices in public schools.
Servatius legal team files appeal Claim against Aboriginal practices in schools was dismissed in B.C. Supreme Court By Denise Titian Ha-Shilth-Sa Reporter Port Alberni, BC – The lawyers for Candice Servatius have filed a notice of appeal, seeking a different court decision that favours a Port Alberni mother’s position against smudging and other Indigenous practices in public schools. Candice Servatius is the Port Alberni mother who brought School District 70 and the Attorney General of British Columbia to court after learning her children witnessed an Indigenous smudging at their school in 2015. She is being represented free of charge by the Calgarybased Justice Centre for Constitutional Freedoms. The trial was held last November in the B.C. Supreme Court in Nanaimo, where Justice Douglas Thompson listened to testimony from several witnesses over five days. Over the course of the trial the judge heard from several people present during the smudge demonstration at the school in September 2015. In addition to the smudging, the court heard that the Servatius children witnessed an invited hoop dance performer say a prayer in an
Indigenous language over a microphone at a school assembly. That event took place in early 2016. Concerned about her Christian children being exposed to “the explicitly supernatural and religious nature of the cleansing ritual”, Servatius approached the school to seek assurances that her children be excluded from such events. Dissatisfied with the outcome of her communications with the school, Servatius brought the matter to court. In her petition, Servatius sought a court order that would ban smudging along with “religious or spiritual rituals, cleanings, ceremonies and prayer” during mandatory school time throughout the province of British Columbia. The Nuu-chah-nulth Tribal Council, whose education workers bring Nuuchah-nulth culture and language into the public schools through education agreements, were added as intervenors in 2018. The NTC stated that it opposes the cultural prohibition order sought by Servatius that would, in effect, hinder work that the school district and NTC have accomplished so far in bringing Indigenous culture into the schools. The B.C. Supreme Court ruling came
Legal Information
COVERAGE: Although we would like to be able to cover all stories and events, we will only do so subject to: - Sufficient advance notice addressed specifically to Ha-Shilth-Sa. - Reporter availability at the time of the event. - Editorial space available in the paper. - Editorial deadlines being adhered to by contributors.
down January 8, 2020. Justice Thompson released his 47-page ruling, which dismissed Servatius’ claim that Indigenous content in school broke the Charter rights of her children. The ruling also clarified that smudging and other Indigenous cultural practices would not be banned in the province’s public schools. Lawyer for Servatius, Jay Cameron, told Ha-Shilth-Sa that they have identified a number of grounds for appeal. “I’ll refrain from commenting beyond that at this time,” he said. NTC President Kekinusuqs, Judith Sayers, was not surprised to hear that the case was being appealed. “We fully expected the Servatius’ to appeal. The group that represented them take on these kinds of cases and has the resources to do so,” she said, adding that there are important legal principles contained in this case, “and they want to challenge that.” Despite the notice of appeal, Sayers is not overly concerned. “We feel that Justice Thompson made critical findings of fact and exhausted the case law to make his decision and we have confidence in the decision,” she stated.
Ha-Shilth-Sa belongs to every Nuu-chah-nulth person including those who have passed on, and those who are not yet born. A community newspaper cannot exist without community involvement. If you have any great pictures you’ve taken, stories or poems you’ve written, or artwork you have done, please let us know so we can include it in your newspaper. E-mail holly.stocking@nuuchahnulth.org. This year is Ha-Shilth-Sa’s 46th year of serving the Nuu-chah-nulth First Nations. We look forward to your continued input and support. Kleco! Kleco!
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