Categories:
Discrimination
Case Study
You are Indigenous and smudging is part of your spiritual traditions. You and your two children apply to rent an apartment. The landlord says that no smoking or drugs are allowed on the property. You agree and the no smoking or drugs rule is included in the agreement you sign. You and your family move into your new apartment. One day, the landlord is in the unit above yours and thinks he smells marijuana smoke coming from your apartment. He comes down and tells you he smells marijuana and reminds you it is prohibited. You explain to them that you are using sage to smudge and show them the shell and feather you use when you burn the sage. You tell them about how important smudging is to you spiritually and culturally. The landlord is worried about the smell and ash damaging the apartment or annoying other renters. He asks you to promise not to do it anymore. If you don’t agree, the landlord says he will evict you.
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Are you experiencing discrimination?
Yes, you are experiencing discrimination. Your landlord made a rule about smoking and considers smudging to be smoking. You disagree. Smudging is part of your spiritual, religious and ancestral traditions. Your Indigenous identity, religion and ancestry are protected under the Code. It is discrimination for your landlord to require you to stop smudging or try to evict you without showing it would cause them undue hardship to allow you to continue to smudge.