The City of Toronto affirms the rights of Indigenous staff to engage the ceremonial practice of burning of Indigenous Medicines (Smudging) in City workplaces.
The Ceremonial Practice of Burning of Indigenous Medicines (Smudging) Policy provides direction to Toronto Public Service staff on planned and unplanned smudging and establishes principles to ensure that City workplaces are culturally safer and welcoming spaces for Indigenous staff during the burning of Indigenous medicines.
Indigenous – First Nations (status and non-status), Inuit and Métis people to Canada.
Sacred medicines – Includes but not limited to tobacco, cedar, sage and sweetgrass.
City Work Location – The employee’s regularly assigned City work location, where the employee typically reports for work during regular business operations.
First Nations, Inuit, and Métis Peoples have a wealth of sacred medicines and ways of offering them – such as Smudging. Smudging is an integral component of certain Indigenous Peoples’ spirituality, cultures and identities, a practice used in everyday life and ceremonies, and passed down from generation to generation. Sacred medicines – such as tobacco, sage, cedar and sweetgrass – are burned to produce an aroma offered in communication with the spirit world. The smudge is also used to release what troubles the mind, remove negative energy, and cleanse people, places and objects.
During a smudge, the person smudging directs the smoke over their body and objects. This is often done before a meeting, event or gathering to facilitate good thinking, feeling, dialogue and decision-making. Some Indigenous staff start their days with a smudge and turn to the medicines when they need additional support during the day.
The Ontario Human Rights Code (“the Code”), the Constitution Act, 1982 including the Canadian Charter of Rights and Freedoms, and the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) include legal protections for the fundamental right of Indigenous Peoples to freely practice their culture, customs, traditions, and languages.
Smudging has specifically been exempted from regulations governing other smoking activities and does not conflict with the City’s Enclosed Workplaces Policy. The Smoke-Free Ontario Act, (s.19) permits holding lighted tobacco if the activity is carried out for traditional indigenous cultural or spiritual purposes.
The rights of Indigenous staff to smudge in City workplaces is affirmed through this policy and through the principles of inclusive design and reconciliation.
Every effort should be made to ensure the burning of Indigenous medicines can take place. The City has a duty to accommodate Indigenous staff’s spiritual beliefs and practices. Where there is a barrier identified, the City is required to explore accommodation based on Creed. As per the City’s Accommodation Policy, the City has a duty to accommodate, and to take steps to eliminate the disadvantage caused by systemic, attitudinal, or physical barriers that negatively impact individuals or groups protected under the Code. The duty to accommodate exists to the point of undue hardship.
Every effort should be made to address concerns, issues or competing accommodation needs that may arise between staff – for example, the needs of a severely asthmatic employee in the vicinity of the burning of Indigenous medicines who cannot tolerate smoke. In instances of competing human rights, it is necessary to assess each situation individually to ensure that parties are treated with dignity, that each person’s rights are minimally impaired, and that all information related to an accommodation request is kept confidential. Please refer to the Ontario Human Rights Commissions Policy on Competing Human Rights. If managers/staff have attempted to resolve the competing human rights, but are unable to devise an appropriate accommodation, please contact the Human Rights Office, if necessary.
Divisions are required to determine whether an entire space is suitable for ceremonial burning (and/or where certain areas may be exempt in that space) or designate several (where possible) appropriate and dignified spaces for smudging at all Divisional work locations. To remove barriers for Indigenous staff under “the Code”, divisions, managers, supervisors and/or designates should consult/include Indigenous staff in the development and implementation of divisional plans. To respect the cultural and sacred practice of smudging, designated spaces are not to be used as quiet rooms.
Divisions that have staff who work in a building that is not owned by the City, should reach out to Corporate Real Estate Management (CREM) via an email request for implementation support to Property.Management@toronto.ca.
Under “the Code” failure to inclusively accommodate a person’s Indigenous spiritual belief or practice in a timely and appropriate way may be discriminatory. The City is required to ensure that Indigenous staff are provided an appropriate space to conduct ceremonial smudging.
Signage (Appendix A) indicating the location that has been designated as a space for smudging must be placed in a visible location.
Implementation plans must be developed and communicated to all divisional staff within a reasonable timeframe (as determined by divisional leadership) of the implementation of this policy or the establishment of a new division.
Additionally, divisions may need to review and/or amend divisional policies or procedures to align with this corporate policy.
Staff conducting a smudge, or those organizing an event where smudging will occur, will be responsible for ensuring the availability of Indigenous medicines and materials for the ceremony.
Divisions:
Managers/Supervisors/Designate:
Staff:
Person Conducting Ceremony:
If you have questions about this policy, please refer to the Frequently Asked Questions document or contact workforce.equity@toronto.ca.
This Policy will be monitored for compliance and periodically reviewed and updated as circumstances require, or as the City in its sole discretion deems appropriate.
Two posters are available on the intranet for divisions to print and post in designated Smudging areas:
| Check if ‘Yes’ | |
| 1. Are you using a designated space for the ceremonial burning of Indigenous Medicines ceremony to occur? | ☐ |
| 2. Are fire extinguishers readily accessible? | ☐ |
| 3. Have staff completed training to use the fire extinguisher? | ☐ |
| 4. Have staff received training on fire evacuation protocols? | ☐ |
| 5. Do you have designated spaces for those who may request an accommodation (e.g., severely allergic or asthmatic)? | ☐ |
| 6. Have you posted signage indicating the space has been designated for Indigenous Ceremony? | ☐ |
| 7. Have you posted signage indicating Indigenous Ceremony is in progress? | ☐ |
People & Equity
September 9, 2024