Cautionary Tale: Traditional healers sentenced

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Two Ecuadorian healers, who faced criminal charges for their part in the death of a 71-year-old Wikwemikong woman in 2001, were in court on April 24.

After determined plea-bargaining involving the Ontario Crown attorney, the federal Crown attorney and three defence lawyers, Juan and Edgar Uyunkar pled guilty to administering a noxious substance and trafficking in a controlled substance. Criminal negligence charges were withdrawn.

All charges against Maria Ventura, the Portuguese woman who served as the Spanish translator for the healers, also accused of administering a noxious substance and trafficking in a controlled substance, were dropped.

The charges were laid after Jean (Jane) Maiangowi collapsed during a healing ceremony conducted by the Ecuadorian medicine men. The woman died Oct. 19, 2001 after ingesting a solution of natem, tobacco and water.

Natem is commonly used in South American healing practices. Because of its hallucinogenic properties it is listed as a prohibited substance (harmaline) under Canada's Controlled Drugs and Substances Act.

A hush fell over the courtroom on sentencing day, April 25, as Ontario Justice Gerald Michel meted out a 12-month conditional sentence to be followed by 12 months of probation to 50-year-old Juan.

In addition, he will be required to complete 150 hours of community service and remain in Ontario unless otherwise authorized by the court. He is prohibited from conducting any holistic or healing ceremonies where unlawful substances are used. A curfew was also imposed.

Justice Michel suggested that the father of 12 should petition the court after Nov. 15 for permission to visit his family in Ecuador. If Juan Uyunkar is allowed to travel to his home country, he must return within 30 days.

Meanwhile, his passport remains with police. If he breaks any of the conditions, the sentence will be converted to jail time.

Justice Michel said he was satisfied that Juan's son Edgar, 22, was working under the direction of his father when the death of Maiangowi occurred.

"Because you have been away from your family for 18 months and for your lesser responsibility for these offences, you will be sentenced to one day, time served, and probation of six months," he said. As soon as finances are arranged, Edgar Uyunkar is to return to Ecuador.

In rendering his decision, Justice Michel described the matter as "a next to impossible case to defend or prosecute. This case is so very difficult," he said. "Because we have to try to measure the drastic consequences of a spiritual ceremony by temporal means.

"The sentence cannot and will not satisfy everyone because of the conflicting principles between the spiritual and the temporal, but I must mete out a penalty," he said.

Before closing court, Justice Michel thanked the local community for "the respect they have shown the court."