Pubdate: Sat, 26 Apr 2003
Source: Sudbury Star (CN ON)
Copyright: 2003 The Sudbury Star
Contact:  http://www.thesudburystar.com
Details: http://www.mapinc.org/media/608
Author: Margo Little
Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental)

HEALER GETS HOUSE ARREST IN WIKI WOMAN'S DEATH

71-year-old Elder Died After Ingesting A Solution Containing Tobacco, Water 
And South American Vines

Local News - Saying he had to strike a balance between "the spiritual and 
the temporal," an Ontario judge sentenced a Shuar traditional healer to 12 
months of house arrest for the death of a Wikwemikong elder in November 2001.

Justice Gerald Michel also sentenced Juan Uyunkar's son Edgar to one day in 
jail, time served, plus six months probation. Edgar Uyunkar was also 
ordered to leave Canada as soon as possible.

On Thursday, the Uyunkars pled guilty to charges of administering a noxious 
substance and trafficking in a controlled substance.

They were arrested Nov. 24, 2001, after a police investigation into the 
death of Wikwemikong elder Jean (Jane) Maiangowi.

The 71-year-old diabetic died after ingesting a solution containing 
tobacco, water and South American vines.

The elder Uyunkar and his son had been invited to the Wikwemikong First 
Nation to perform traditional healing ceremonies for band members.

Justice Michel said the sentence was necessary "in order to bring home to 
all natural healers the message that they have to be careful with reference 
to unlawful substances and their consequences.

"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," the judge said.

"Jane Maiangowi was such a great person, loving, warm, helpful, a joy to be 
with and much more than that," Michel noted. "For the court to even attempt 
to equate a penalty to reflect her worth would be disrespectful to Jane's 
great legacy."

In addition to the conditional sentence, Justice Gerald Michel put the 
elder Uyunkar on 12 months' probation.

The Ecuadorian father of 12 was also ordered to perform 150 hours of 
community service and to remain in Ontario unless otherwise authorized by 
the court.

He is not allowed to conduct any holistic or healing ceremonies involving 
the banned substance harmaline. In addition, he must abide by a 11 p.m. to 
6 a.m. curfew.

After Nov. 15, Juan Uyunkar may apply to the court for permission to visit 
his family in Ecuador.

After the sentencing, Wikwemikong Chief Walter Manitowabi said the 
community is "relieved that the process is finally complete. The past year 
and a half have been very trying for all involved, both the Maiangowi 
family and the community."

"We have mixed feelings about the outcome," he said. "First and foremost we 
must never lose track of the fact that we lost a respected elder and leader 
in our community. Her family suffered a great loss and are desperate to 
carry on with their healing process now."

Lloyd Greenspoon, legal counsel for Edgar Uyunkar, praised Michel for "his 
great wisdom in delivering the decision. He showed sympathy for the accused 
and the community. It was a noteworthy decision that showed he understands 
the spirit of the community," Greenspoon said.

Federal crown attorney Joe Chapman said he was satisfied with the results 
of the hearing.

"Often it is the easiest thing in the world to say everyone should go to 
jail when you are dealing with drug charges," he said.

"But in this case jail was not appropriate for these particular persons. 
The important thing here is the protection of the community."

Juan Uyunkar's attorney, William Trudell, was also "thrilled with the result."

He, too, praised Michel for "working very hard to bring all the pieces 
together. He really reached out to everyone, the accused and the community, 
in order to get a balance.

"This judge did an incredible job. He recognized that it is important to 
talk about the spiritual aspects of this case. And by doing so, he really 
set the tone for the day; it was a brilliant decision."
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MAP posted-by: Jackl