Candice Servatius, whose appeal was dismissed on Monday, had taken issue with a smudging practice carried out in 2015 by a Nuu-chah-nulth elder in a Port Alberni classroom
The B.C. Court of Appeal has upheld a trial judge’s decision that two First Nations practices demonstrated in a Port Alberni elementary school did not infringe upon a mother’s charter right to freedom of religion.
Servatius argued in the Supreme Court of B.C. that the school had infringed on her right to freedom of religion by compelling her two children to take part in religious ceremonies contrary to their own faith. The appeal involved Servatius, School District 70 , the Attorney General of B.C. and the Nuu-chah-nulth Tribal Council.
The Appeal Court judges pointed to the United Nations Declaration on the Rights of Indigenous Peoples, , saying it “sets out the right of Indigenous peoples to the dignity and diversity of their culture, traditions, histories and aspirations, as appropriately reflected in education.”
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