Ecuadorian healers see day in court

by Michael Erskine
WIKWEMIKONG---It has been a year and a half since highly respected
Wikwemikong Elder Jean (Jane) Maiangowi, 71, began her spirit
journey, a year and a half of unresolved grief for her family and
friends, and a year and a half of enforced exile in a foreign land
for the two Shuar shaman who presided over the Ayahuasca healing
ceremony at which she collapsed and died.
Justice Gerald Michel delivered his verdict in a case which the
lawyers involved had called 'difficult' and which the judge himself
declared 'nearly impossible.'
The case was heard before the Ontario Court of Justice, in the
Wikwemikong Tribal Council Chambers.
The two medicine men, Juan Uyunkar, 49, and Edgar Uyunkar, 22, pled
guilty to one federal charge, Trafficking in a Controlled Substance
as defined under Schedule 3 of the Controlled Drugs and Substances
Act, and one provincial charge of Administering a Noxious Substance.
The remaining charges, Criminal Negligence Causing Death, Importing
into Canada a Controlled Substance and Possession of a Controlled
Substance, were dropped in a negotiated plea.
The noxious substance in question was referred to as a mixture of
harmaline (the psycho-active ingredient contained in the South
American vines used) and tobacco. The substance was intended to purge
the participants bodies of impurities and to induce visions to be
spiritually interpreted. Called Ayahuasca, the substance has been a
main ingredient in Shuar healing ceremonies for millennia and is
regarded by the Indigenous peoples of the Amazon as a sacred medicine.
Maria Alice (Connie) Ventura, 32, of Manitowaning, the Canadian woman
who had acted as interpreter for the two medicine men from Ecuador
during the healing ceremonies, and who had also been charged in the
aftermath of Mrs. Maiangowi's death, had all charges against her
dropped.
Juan Uyunkar, the lead shaman and the man who Justice Michel said was
clearly in charge of the ceremonies, received a 12 month conditional
sentence, and a further 12 months of probation which he will serve in
the community. He will be required to serve 150 hours of community
service, to be determined by a supervisor.
Juan's son Edgar, who Justice Michel said acted under the direction
of his father, received a 12 month conditional sentence and one day
in jail, time served.
The decision means that Juan will have to remain in the community,
away from his family in Ecuador, until at least November 13, at which
time he can apply to the court to be allowed to return home for a
visit. He will be required to return to Canada to serve the remainder
of his sentence.
Edgar Uyunkar will be allowed to return home to his own family,
including a daughter who was barely three months old when he last saw
her, 18 months ago.
Judge Michel said the verdict was unlikely to please anyone, but the
joy and relief of the Ecuadorian's supporters after the decision and
the grief displayed by Mrs. Maiangowi's family spoke differently.
"They should have received jail time," said Mrs. Maiangowi's daughter
Shirley Trudeau, as she and other members of the family were consoled
by Ontario Provincial Police Detective Constable Steve Redmond. The
family were gathered behind the Wikwemikong Tribal Police Station,
obviously distraught. "Those people in there are all working with the
devil," said Mr. Trudeau, as he tried to console his weeping wife.
The 18-month ordeal for the family has not yet ended, as each media
story, each letter-to-the-editor which debates the issue, tears open
the wounds once again and prevents closure for the family.
Chief Walter Manitowabi, elected leader of the Wikwemikong Unceded
Indian Reserve, said he and council recognized the torment which the
family has and is going through, and he read from a prepared
statement on the emotionally charged and divisive case.
"The elected leadership of the Wikwemikong Unceded Nation is relieved
that this justice process is finally complete," he read. "We, like
all community members have anxiously waited for the past year and a half
for the justice system to take its course. This time has been very
trying for everyone involved. Obviously, the Maiangowi family and all
community members are going through a trying time and desperately
want to carry on with their healing processes. With respect to
traditional healing, our community has always been involved and a
leader in traditional medicine practices. We have a number of
traditional healers in our community practicing today and we will
continue to carry on our practices and beliefs. At the end of the
day, let's all join together and support the Maiangowi family, and
assist in their healing process. Let's remember Jane Maiangowi for
the respected Elder and wonderful person she was."
According to Mr. and Mrs. Trudeau, the family have not yet decided
whether they will be pursuing civil recourse in the case.
Federal Crown Joe Chapman expressed satisfaction with the outcome of
what he also described as a very difficult case.
"As a Crown attorney, it is very easy to say that everyone should go
to jail, but in some cases it isn't warranted," he said. "The
important thing here is the community is protected, and there is an
element of community education in the process. What this case did is
to set the limits and the boundaries for traditional medicine.
Traditional medicine is fine, it is good, but there are boundaries. I
am 100 percent with Ron Wakegijig and Dr. (Jack) Bailey's take on it,
there has to be a cooperation between the two medical traditions."
The decision means that no illegal substances can be used in
spiritual ceremonies in Canada, said Mr. Chapman, but that the
practice of traditional medicines is not the issue.
"I was dismayed to see traditional medicines and beliefs drawn into
this case," he said. "That was never the issue, but rather what
limits and cautions have to be put in place."
Provincial Crown Lorraine Ottley also praised the work of Judge Mitchell.
"His Honour, Judge Michel, listened to all of the evidence very
attentively and considered all the evidence very carefully and did
his best to arrive at a fair result," she said.
As to the plea bargaining process which led to the dropping of most
of the charges against the trio, Ms. Ottley said. "The strength of
all the charges was carefully considered by the Crown, in
consultation with the police and other senior Crown Counsels across
Ontario, before deciding upon which charges to proceed."
Lead defense counsel William Trudell, who along with lawyer Mark
Lapowich represented Juan Uyunkar, was effusive in his praise of
Justice Michel.
"It was a brilliant decision," he said. "Balanced for both sides."
Mr. Trudell said he was particularly struck by the court's
consideration of the spiritual nature of the case, and the level to
which the spiritual entered into the courtroom.
"This has been a truly unique case," he said. "I have been doing this
for 30 years and I have never seen anything quite like it."
Lawyer Lloyd Greenspoon, who represented Edgar Uyunkar in the case,
was also struck by the Solomonic competence displayed by the judge in
his decision.
"This is proof that retirement at 65 is not appropriate," he said.
"It was an amazing decision which satisfied the needs of everybody.
He addressed, in a brilliant way, the aspirations of both sides. He
was sympathetic of the family while recognizing the ambiguity of the
connection between the death and the ceremony. The link just wasn't
there."
Evidence supplied in the letters of support for the Uyunkars, and in
the medical literature available on the subject, noted that
fatalities at Ayahuasca ceremonies are uncommon, if not unheard of.
"We pleaded to the fact they made her sick intentionally (to effect
healing)," said Mr. Greenspoon. "Mrs. Maiangowi might have been one
in a million, perhaps one in a billion, for whom the result was
fatal," he said. He also noted there was ambiguity as to the actual
cause of death. "Only the Creator could know for certain."
Mr. Greenspoon said that despite the disclaimers set by almost
everyone involved, that this trial was not about traditional healing practices,
the truth was somewhat different.
"His (Justice Michel) decision protects Aboriginal medicine, which
was really at risk in this trial," he said. "With his decision he has
set conditions, but left the practices in this country intact."
It was in September of 2001, that Juan Uyunkar and his son Edgar,
first came to Canada from their home in Ecuador, under the auspices
and at the expense of the Wikwemikong Health Centre, as part of a
cultural exchange. The duo were invited to participate in traditional
Anishnaabe ceremonies and to perform their own ceremonies in
Wikwemikong. They brought with them pieces of a vine (Banisteriopsis
caapi) which is known in the Shuar language as Natem.
Ms. Ventura was asked to act as interpreter, as the pair only spoke
Shuar and Spanish.
A key factor in the sentencing and prosecution of the medicine men
was the fact that there was no charge for these ceremonies, either to
the participants or the Health Centre, other than the cost of their
transportation.
The Wikwemikong Health Centre advertised the holistic treatment
ceremonies with posters throughout the community, and participants
were asked to sign consent forms. The consent forms did not describe
in detail the process to which they were assenting.
The ceremonies, like many western medical procedures, are unpleasant
to describe and far more so to undergo. They involved ingesting
copious quantities of a substance described as vile-tasting and
noxious, and then in turn vomiting the material out of the body. The
process also involves violent diarrhea, and participants were invited
to receive medical enemas of the solution.
The process cleanses the body of parasites, and through repeated
courses of treatment the participants are advised to fast and to
refrain from taking other medicines. In the case of diabetics, such
as Ms. Maiangowi, this regime is highly unadvised by western
treatment models and runs counter to the normal daily regime she
followed. She was taking the prescribed drug Diamicron.
According to medical personnel who refused to comment on the record,
Mrs. Maiangowi was meticulous in the maintenance of her dietary
regime in the normal course of her life.
Over the course of the holistic treatment different materials were
given to the participants. At first, a thick tar-like substance,
comprised of tobacco and salt, in a pellet the size of a grain of
barley was given. Then a concentrated syrup-like liquid made of
Natem, without tobacco, was provided. Later, a tea of the Amazonian
herb samik was given. This material was designed to be drank quickly
and then vomited. Participants were encouraged to drink as much of
the material as they could.
On the second of the three ceremonies in the set, no paste was used
and a Natem solution replaced the herbal tea.
Throughout all of the ceremonies, prayers and invocations were
offered up, including Anishnaabe cleansing ceremonies and drumming.
The ceremonies also included meditation and digital puncture, in a
process similar to Shiatsu.
The first set of ceremonies were very successful, according to
participants, and Juan Uyunkar flew back to Ecuador to acquire more
material from which to make his sacred medicine. Edgar stayed in
Canada to do follow-up treatment with participants in his father's
absence.
Mr. Uyunkar brought the materials into Canada openly through customs
and was not challenged as to its legality.
The Maiangowis took part in the next set of ceremonies. They ingested
the materials, followed the procedures described, and returned home.
They were instructed to bathe, drink lots of water and to rest. While
they were to fast, they could eat light foods if they were hungry.
On the second day of the ceremonies, the Maiangowi family again
attended, and appeared to be fine, but after ingesting the Natem
mixed with tobacco, Mrs. Maiangowi became ill, dizzy and had to be
helped to the car when she went home.
Participants were again advised to fast, although they could again
eat light foods if needed. On both days, the Maiangowis were the last
to leave.
The Maiangowi family arrived on the third day, although Mrs.
Maiangowi's husband Antoine had advised they would not likely be
returning after the second day. They had apparently received a call
from someone pleading with them to return, but that person was not
the Uyunkars or Maria Ventura.
It was at the third ceremony that Mrs. Maiangowi collapsed, became
unresponsive and died.
She was carried outside of the South Bay Seniors Centre, where the
ceremonies were being held, and attempts to revive her eventually
included CPR.
There was no phone at the centre and although Mr. Uyunkar said he
asked that an ambulance be called, it was some 20 minutes before a
young woman named Becky Beaudry reached a neighbor's phone and called
911. The call was received at 11:10 pm, the ambulance arrived at
11:20 pm. The paramedics found Mrs. Maiangowi to be without vital
signs. They commenced CPR and transported her to the Manitoulin
Health Centre in Little Current. On route, they were advised by Dr.
Ray Wiss of the Sudbury Hospital to stop CPR. Mrs. Maiangowi was
pronounced dead after examination at the health centre.
The ceremonies at the South Bay Centre continued throughout the
night, concluding at around 7 am.
A post mortum examination found no anatomical cause of death, and an
examination of her body fluids found concentrations of nicotine which
were "in the range that would be expected to cause toxic effects."
Dr. John Doucet, of the Centre of Forensic Sciences Pathology Unit in
Toronto, concluded that the cause of Jane Maiangowi's death was Acute
Nicotine Intoxication.
The Crown ceded in the statement of facts of the case that there was
evidence that was capable of raising a reasonable doubt as to the
cause of death, while the defense admitted the actions of Juan and
Edgar Uyunkar, and the manner of administration of the noxious
substance caused her to fall ill. Both parties agreed that it can be
inferred that "the actions of the accused persons contributed to her
death."
The impact of Mrs. Maiangowi's death, on her family, her community
and the greater community of Manitoulin at large was eloquently
presented in a number of letters to the court, and in the tearful
testimony of her sister and niece on the witness stand. Each
witness's testimony was sworn in on the Bible.
Letters of support for the accused were received from people claiming
to have been healed, Ecuadorian government officials, who testified
to the Uyunkar's respected standing in the Shuar community and most
notably from Father Doug McCarthy, a Jesuit priest who said he had
taken part in the ceremonies and who endorsed the healers as
spiritual and honest people. Father McCarthy suffered no ill effects
or hallucinations from the treatment he received.
The Provincial Crown requested a lengthy jail term for the Uyunkars
on the charge of administering a noxious substance (the maximum would
be two years), citing: the fact that a death had occurred, the manner
in which the Natem was administered, which she cited as cavalier;
breach of trust; the scope of the offence; and the need for a general
deterrence.
Justice Michel in his decision said that he would take into account
the 18 months in which the Uyunkars were forced to reside in Canada
as a pre-trial conditional sentence.
Citing the results of the autopsy report, and the submission by Mr.
Greenspoon, he did not give great weight to the argument that a death
was caused.
In the matter of breach of trust, the court cited that this was a
sacred ceremony, and that by definition the participants held the
traditional healers in trust.
The court did not find the manner of administering the substance to
be 'cavalier,' but rather to have been administered in a manner
consistent with thousands of years of Native practice.
Still, these facts did not alter the temporal matter of a trafficking
offense, he noted, but in his sentencing Justice Micheldid take into
account the lack of profit motive in the accused actions.
The sincere belief held by the accused that they were acting in the
best spiritual and health interests of the participants, and that
they were not trafficking in a recreational activity was also
accepted by the court in its decision.
Justice Michel also made note of the fact that Juan Uynkar had lost a
grandchild during his enforced stay in Canada, a grandchild he
sincerely believed he could have saved had he been able to return
home. Two of his daughters have had to withdraw from school to help
support the family in his absence.
Supporters of the Uyunkars claim that Juan Uyunkar wanted to continue
his fight to clear his name and to affirm the efficacy of his
spiritual and traditional treatment, but that his 'proud warrior
heritage' finally gave ground to the practical considerations of his
son being allowed to return home to his family.
In the end, after the lawyers and judges, experts and supporters have
gone home, the assessment remains mixed.
Some traditional medicine supporters are unhappy that the government
has set limits upon the practice of traditional healing methods and
that a death has been linked to such practices, but the local
traditional practices remain to be practiced; the family of Jane
Maiangowi is unhappy that there has been no one jailed for the death
of a beloved family member, but can begin the process of closure;
Juan Uyunkar must continue to dwell in a foreign land, a prisoner of
a people he came only to help, but his son can return to the family
to help in its support; and for Manitoulin Island, in both the Native
and non-native communities, they have lost a wonderful, highly
respected and caring human being and to mitigate that there is only
the knowledge that such a person must surely reside in the bosom of
the Creator.
Justice Michel's finding is a just and considered decision which
leaves behind some taste of bitterness for all, but it also contains
within it the hope for the beginning of a healing process, for the
families and for the community.
In a flawed and human world, that is as brilliant as it can get.
 

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