British Columbia Human Rights Tribunal member Pamela Murray, in finding the complaint “justified,” ordered Parminder Mohan to pay Crystal Smith an additional $1,500 to cover lost wages for time she missed from work for having to move, “because of stress from the situation,” and $1,800 for expenses “incurred as a result of the contravention,” namely obtaining “expert evidence,” for a total penalty of $23,300.

SURREY – An Indo-Canadian landlord from Surrey has been ordered to pay a former tenant $23,300 for not letting her do her aboriginal smudge ceremony in the basement suite she rented from him, with $20,000 of that in compensation for “injury to her dignity, feelings and self-respect.”

Crystal Smith, of the Tsimshian and Haisla First Nations, lodged a human rights complaint against her landlord Parminder Mohan, claiming in 2017 he discriminated against her based on her ancestry, race, place of origin and ancestry.

British Columbia Human Rights Tribunal member Pamela Murray, in finding the complaint “justified,” also ordered Mohan to pay Smith an additional $1,500 to cover lost wages for time she missed from work for having to move, “because of stress from the situation,” and $1,800 for expenses “incurred as a result of the contravention,” namely obtaining “expert evidence,” for a total penalty of $23,300.

 “Overall, I find the nature of the discrimination serious and favours a fairly significant reward,” Murray concluded.

She also ordered Mohan to pay interest on the amounts until they are “paid in full, based on the rates in the Court Order Interest Act.”

Mohan had accused Smith of smoking weed when she was in fact burning sage for her native smudge ceremony.

Smudging is a traditional ceremony of burning sacred plants to cleanse the body and soul.

Mohan wanted Smith, a single mother of two, to stop smudging.

The landlord, who is also a realtor and owner of several properties in Metro Vancouver, tried unsuccessfully to evict the woman.

Mohan, who identifies as a member of the Brahmin or priest caste rooted in his Indian culture and a devout Hindu, also refused to accept rent from her after he failed to evict her, reported Georgia Straight.

Mohan also made disparaging comments to Smith about Indigenous people.

At a meeting, Mohan asked Smith whether she drinks alcohol or does drugs, which is rooted in stereotypes about Indigenous people.

A B.C. Human Rights Tribunal found that Mohan contravened the human rights code, which prohibits discrimination regarding tenancy because of race, ancestry, place of origin, or religion.

Smith, who is a teacher with a master’s degree in educational administration and leadership, testified that smudging was good for her, especially after she separated from her former husband.

“She found that smudging allowed her to move forward and kept her grounded,” Murray related.

Before Smith moved out, Mohan sent her a text stating: “I will be cooking curry every day now in my suite.”

Smith had sought $30,000 in compensation for injury to her “dignity, feelings and self-respect,” $1,870.23 for lost wages and $1,800 for expenses, for a total of $33,740.23.