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Smudging in housing... policy implications
Offline I know this might be different depending on province. I am looking for resources regarding smudging policies. This can be for landlords, service providers etc. I am having a lot of issues with organizations and landlords saying that it's a fire and safety regulation, that insurances will not allow it etc. Has anyone worked on this in their respective neck of the woods?
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- Tenille Thomson
- January 11, 2018
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My knowledge of smudging is very limited, but I did spend some dozen years as an insurance underwriter. Have you spoken with any insurance companies and the local fire department to confirm that smudging is a hazard. It seems to me that as a risk smudging is the same as incense and perfumed candles. The only problem I can imagine is setting off a smoke alarm, but even they are usually adjustable. You may be facing ignorance and fear.
Hope this helps.
HI Tenille, I work in eviction prevention and have come across a few resources on the above topic. I hope they can be of some assistance.
The Ontario Human Rights Commission has authored a policy on Indigenous Spiritual Practices. It includes a section on Ceremonial practices and customs, including smudging. The policy is available here: http://bit.ly/2BoAk6L
The Ontario Landlord and Tenant Board appears to have dealt with this issue a few times. I've attached two decisions (please note that these decisions are non-binding). My quick analysis of these decisions suggests that the LTB assumes the practice of smudging is dangerous. This is a bit discouraging.
It looks as though the British Columbia Public Interest Advocacy Centre is/has litigated the issue of smudging in rental homes. More information here: http://bcpiac.com/our-work/race-and-immigration/right-smudge-home/
I'll see what else I can find.
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Hi Tenille,
In Edmonton, two Indigenous Permanent Supportive Housing sites have dedicated areas where smudging can occur. These spaces are equipped with commercial exhaust fans to draw out the smoke. Other spaces and gatherings usually take smudging outside of any enclosed spaces (i.e. Homeless Connect in Edmonton)
In the Ontario Landlord and Tenant Board ruling provided by Jonathan, the ruling to terminate the tenancy is based upon the health concerns expressed by the Landlord's Doctor. Organizations may be apprehensive to smudging in an enclosed space, without proper ventilation, due to health concerns regarding people with respiratory issues.
With Landlords, the concern may exist around any lingering scent, especially if the unit is designated as non-smoking. Most likely a Landlord would be awarded damages to deodorize and for painting, depending on the extensiveness of smudging in a unit.
In Hamilton, our hospitals will temporarily disable a smoke detector in a room for smudging to take place. This is organized in advance. In our apartment buildings, we have had some success in getting the property manager/landlord to take part the first time. The teaching will go a long way toward knocking down barriers. We also have some spaces that have heat (fire) detection, but not smoke. This allows smudging without setting off the alarm.
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