A South Asian landlord discriminated against a former First Nations tenant over the Indigenous cultural practice of smudging.

Parminder Mohan accused Crystal Smith of smoking weed at her rental home when in fact the Tsimshian and Haisla Nations woman was burning sage for her smudges.

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.

Mohan likewise 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.

Tribunal member Pamela Murray ordered Mohan to pay Smith more than $23,000 in damages.

The compensation includes $20,000 for injury to dignity, feelings, and self‐respect suffered by Smith, a teacher and holder of a master’s degree.

In her reasons for decision, Murray recalled that during the hearing of the complaint, Mohan testified that “of course” he researched smudging.

However, Murray did not believe the landlord.

According to Murray, Mohan wanted Smith to “minimize the smell and then told her to stop”.

Smith related at the hearing that in a conversation, Mohan told her to “stop smudging to be a good tenant”.

“Smith testified that after this conversation, she was very upset, shaky, and crying, and she then took her children to her mother’s home,” Murray wrote. 

According to Murray, Mohan “did not offer other options in recognition of the importance of smudging to Ms. Smith”.

As the tribunal member pointed out, Mohan “simply prohibited it outright unless she could satisfy him it would not damage his property”.

Smith 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.

Smith “uses an abalone shell, which represents the sea; sage, which, when lit, smolders to allow a purifying smoke; and an eagle feather”.

After Mohan’s failed attempts before the Residential Tenant Branch to evict Smith, the woman found another home for her and her two kids.

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