The Justice Centre for Constitutional Freedoms (JCCF) said it is disappointed in the British Columbia Court of Appeal ruling in Servatius v. Board of Education of School District 70, which failed to find religious ceremonies could not be imposed on children. .“It is the position of the Justice Centre imposing supernatural or spiritual practices on public school children without parental notification and parental consent, and without even the right for students to opt out is a matter of substantial public concern,” said the JCCF in a Monday statement. .“The school failed to provide Ms. (Candice) Servatius with notice that her child’s classroom and her children would be smudged.”.The case started in 2015 when Servatius received a letter from the John Howitt Elementary School (JHES) principal in Port Alberni, BC, where her two children attended. .This letter informed parents JHES would be hosting a traditional indigenous smudging ceremony in the school’s classrooms, which children were expected to participate in. The JCCF filed a petition in the British Columbia Supreme Court in 2016, seeking a declaration the actions of School District 70 violated her children’s freedom of religion guaranteed under the Canadian Charter of Rights and Freedoms. .The British Columbia Supreme Court released its ruling in 2020, finding the smudging ceremonies were a cultural demonstration and not a religious activity. This decision was appealed to the British Columbia Court of Appeal. .The JCCF said Servatius and it “stand against the governmental imposition of supernatural or spiritual practices and ceremonies on a captive audience of children or adolescents.”.Since the start of the case, Servatius advised the courts she was fine with indigenous practices and cultures being taught in schools if religious ceremonies were not imposed on children. .The statement said Servatius is disappointed with having to pay costs. While the JCCF has not compensated her, it will accept donations to cover her costs at www.jccf.ca/donate.
