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Regina elder told she's not allowed to smudge in her home by property manager


A Regina woman says she was left shocked and confused when she received a letter from her property manager last week that said smudging was not allowed indoors.

The letter states there is no smoking or creating smoke indoors allowed on the property. 

“This also means smudging is not allowed indoors,” the letter adds.

“I was very shocked that I got that letter,” said Nellie Rider, who is from Carry The Kettle First Nation.

“It goes against my rights as a human being.”

The letter Nellie Rider received from her property manager says ‘Smoke is smoke and creates the same issues no matter what it is used for.’ (Brad Bellegarde/CBC)

Rider said she has lived in the same two-unit residence for nearly two years and this was the first time she had been told about a no-smudging rule.

Smudging

The act of smudging is common to many Indigenous cultures. Plants traditionally known as medicines such as sage, sweetgrass, cedar or a blend of different medicines are burned slowly to create smoke.

The smoke is then spread over the face and head similar to washing with water.

“When we pray, we smudge first … our prayers go up to the great spirit,” said elder Sidney Kay from Kawacatoose First Nation.

Sidney Kay on smudging

Sidney Kay, an elder from Kawacatoose First Nation, says smudging is a way of prayer for Indigenous people. (Brad Bellegarde/CBC)

Kay said that smudging is used in many ways, such as healing the sick or to get rid of bad things or spirits.

“It’s a very great spiritual thing,” he said.

“It’s a teaching that we were given. It’s part of us, Indigenous people know what that smudging means. We believe in our smudge. [It’s] our spiritual way.”

New owner

According to Rider, a new owner of the property took control in the summer but she was told nothing would change in the lease agreement and she wouldn’t have to sign a new one.

She smudges daily, in the mornings and the evenings.

“As Nakoda/Dakota people, we have to smudge because it’s [one of] our seven laws of life, of living,” said Rider.

“Every day I work hard, I come home and I have to purify myself by smudging. Now it seems that I can’t live these sacred laws of life that I’m supposed to be living.”

Sharon Williams, property manager for Rider’s home, said “smoke is smoke” when asked about the reason behind the letter and specifically why it banned smudging.

Rider’s home is equipped with a wood burning fireplace. Williams said she wasn’t around when Rider rented the house so she would have to review the rental agreement before commenting on the fireplace. 

Nellie Rider in living room by fireplace

Nellie Rider stands by the wood-burning fireplace in her living room. After receiving a notice stating she can’t smudge indoors because of the smoke, she is worried she may need to find a new home. (Brad Bellegarde/CBC)

‘It is a religious practice’

Saskatchewan’s Office of Residential Tenancies said in an email that when a property is sold, the new property owner becomes the landlord and they inherit the tenancy agreement from the previous one.

The email also stated, “Without seeing the details of the tenancy agreement we are not certain whether the elder has the right to smudge or not.”

But Saskatoon-based human rights lawyer Larry Kowalchuk said regardless of the tenancy agreement, the Saskatchewan Human Rights code protects freedom of religion and the Canadian Charter of Rights and Freedoms trumps all.

“I think it’s a violation of freedom of religion of an Indigenous person,” said Kowalchuk.

“It is a religious practice. It’s fundamental and an important aspect of Indigenous religion.”

Rider has not filed any formal complaints but said she would be willing to smudge with the property manager and explain what she does and why it is an important part of her life, if the property manager were open to that.



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