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May 10, 2003
To Whom It May Concern,
The information concerning the Uyunkar’s judicial
process currently posted on the Santo Daime web site and internationally
transmitted via e-mail, is not fully accurate to either the
“Agreed Statement of Facts” as submitted in the
judicial process or Justice Michel’s “Reasons
for Sentence.” These two documents are the actual recordings
of the court.
Contrary to the report written by Hugues Bonenfant and Debora
Bolsanello entitled: Canada: the Uyunkars’ sentence
(post April 25, 2003) and that written by Debora Bolsanello
entitled: AN IMPORTANT LEGAL CASE AGAINST THE SACRAMENT AYAHUASCA
IN CANADA (March 10, 2003), the sacrament of the Santo Daime
and Uniao do Vegetal was never on trial. With respect to the
various traditional medicines used by many shamans and healers
in various ceremonies and rituals it is important to make
the distinction between the sacrament of our churches and
the medicines used in Uyunkar ceremonies.
In the words of Mr. Trudel, lawyer for Juan Uyunkar: “On
April 24, 2003 Juan and Edgar Uyunkar pleaded guilty before
the Honourable Mr. Justice Gerald E. Michel of the Ontario
Court of Justice to one count of administering a noxious substance
and one count of trafficking in a controlled substance. Following
the guilty plea, all other charges against the Uyunkars were
withdrawn. There had been a couple of intensive judicial pre-trials.”
In the words of Justice Michel: “These two persons
are not before the court for having administered sacred medicine.
Sacred medicines, in different forms are administered almost
throughout the world by Shaman or natural healers. They are
before the court because the ingredients used on these occasions
contained substances prohibited in Canada and the combination
of substances, which made the potion toxic.
This toxic substance, having been ingested by Jane Maiangowi
made her ill, weakened, unconscious and finally without life.
Why it had this effect on this person more than on the others
we don’t know. What we know is that the severity of
the situation was not recognized by the accused, and no remedial
action, namely calling an ambulance or doctor was done at
the earliest possible moment. This may be due to the fact,
as related by the testimonials of numerous, very informed
people, that what happened to Jane Maiangowi was not known
to happen to participants in the past (pg. 5 & 6)…
…In the case of Juan Uyunkar, whom I am satisfied is
the principle in these ceremonies and consequences, in addition
to the time you have suffered up to today, it is necessary
that in order to bring home to all natural healers that they
have to be careful with reference to substances and consequences
I am sentencing you to a conditional sentence of 12 months,
followed by 12 months of probation (pg. 16)…
…The court is satisfied that at no time did the accused
intend to hurt anyone and at no time did the accused set out
to benefit from performing these ceremonies. (pg. 10)”
However, coroner J.M. Doucet, MD FRCPC, declared the cause
of death as acute nicotine intoxication. (report of post mortem
examination pg.4)
We invite those who are interested in the full facts of this
difficult case to read the Ontario Court of Justice transcript
of Her Majesty the Queen vs Juan Uyunkar and Edgar Uyunkar,
the Report of Post Mortem Examination, and Agreed Statement
of Facts Crown Attourney District of Manitoulin.
We extend our sympathies to the family of the deceased, Jane
Maiangowi, a Wikwemikong Elder. We also offer our sympathies
to the community of Wikwemikong for their losses and this
difficult period of time. Our understanding from reading the
facts concerning this case, is that the Uyunkars are sincere
individuals who came to Canada with good intentions. The tragic
and complicated circumstances of this case further emphasize
the necessity for accountability in all aspects of the use
of sacred medicines in sacred and healing rituals.
In the spirit of love, harmony, truth, and justice,
Board of Directors
Ceu Do Montreal
Per Jessica Williams Rochester
President
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