Traditional healers face criminal charges

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A magnificent eagle circled the Gore Bay Court House Nov. 26 as Juan Uyunkar and his son Edgar Wainahatae Uyunkar entered the building to face a variety of criminal charges. The two Ecuadorian men were accompanied by their interpreter Maria Alice Ventura, as well as by 35 supporters from Wikwemikong First Nation on Manitoulin Island.

Juan Uyunkar, 48, Edgar Uyunkar, 21, and Maria Ventura, 32, were arrested Nov. 24 after a joint Ontario Provincial Police and tribal police investigation into the death of a Wikwemikong Elder during a healing ceremony. Jean (Jane) Maiangowi, 71, collapsed Oct. 19 after ingesting a holistic concoction containing natem. The substance is also known by a variety of other names including yaje, caapi, pinde, karampi, dapa, mihi, kahi.

The father and son have been charged with criminal negligence causing death, administration of a noxious substance, importing into Canada a controlled substance and trafficking in a controlled substance, as well as possession of a controlled substance. Ventura was also charged with administering a noxious substance and trafficking in a controlled substance.

The medicine in question was made from a plant native to South America and commonly used in healing rites. The plants are normally mixed with tobacco and water and then boiled to produce the medicine.

At their bail hearing, Lloyd Greenspoon, the lawyer representing the three accused, pressed the Crown and the justice of the peace to allow his clients to remain in the Manitowaning or Wikwemikong area as they feared the custody situation in Sudbury.

"The two men ordinarily reside in a natural jungle environment," Greenspoon contended. "Putting them in the Sudbury jail puts them in undue hardship."

Lorraine Ottley, representing the Crown, argued that the bail hearing should be adjourned for two days to allow a Spanish interpreter to be brought in from North Bay or Sault Ste. Marie. For the past two months they had relied on Ventura to provide translation on a daily basis.

Greenspoon countered that a delay would be damaging to the accused. He urged that permission be granted for Ventura to interpret for the father and son duo.

"She will take an oath that she will perform a strict accurate interpretation," he said. "She is competent to interpret both ways, from English to Spanish and from Spanish to English. He pointed out that the court has traditionally used non-licensed court interpreters to make sure that accused persons understand the proceedings.

During this exchange Ventura explained the choices in Spanish to Juan and Edgar Uyunkar. She translated their response back to the Justice of the Peace saying, "We trust her and we know she will do her best."

Although the Crown expressed reservations about Ventura performing an appropriate interpretation as a co-accused, justice of the peace C. S. Sanders agreed to allow the informal translation to proceed. Ventura was permitted to sit between the two men and do simultaneous interpretation during the testimony of witnesses.

At this point in the bail hearing, the court imposed a publication ban on all evidence heard in open court. Details of the case against the three individuals cannot be reported at this time.

All three were released on bail Nov. 26 under strict conditions. They are required to remain in the Manitowaning area, to turn in their passports and visas and to report to the OPP regularly. In addition, they are prohibited from possessing the medicines used in the healing rituals.

"This is a tragedy, but my clients are not responsible," said lawyer Lloyd Greenspoon in an interview following the bail hearing. "We deny any criminal negligence causing death. There is no criminal culpability here."

The strong presence of the First Nations spiritual community in the courtroom had been encouraging to his clients, he said.

"The community supporters who invited them here feel that this is an attack on their Indigenous medicine," he added. "It is well known fact that Indigenous people travel up and down the continent sharing medicines."

He also indicated that the defence will call upon Indigenous medicine experts from around the world in an attempt to prove that the controlled substance does not exist in the potion used by the Uyukars.

Chief Glen Hare of M'Chigeeng First Nation spoke briefly after the hearing and the imposition of the publication ban.

"I am surprised this case even came to court," he said. "I see no reason why they are there. The attendance of community supporters in the courtroom spoke for itself. The court is wasting everyone's time. The accused are being put through the system and sacrificing everything they've worked for. It's a shame; now they don't get to go home and spend Christmas with their families."