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 Dear
friend,
The judicial process of the Uyunkars is over. The postponement
of the hearings from March 31st 2003 to April 24th has allowed
the Crown and the Defence to reach a mutual agreement on various
points, so that all their speeches were summed up on April
24th and the verdict with sentence was rendered by the Judge
on the morning of April 25th.
The judicial process has been substantially shortened because
all the charges against Maria Ventura (the interpreter) have
been dropped, as well as the charge of criminal negligence
causing death laid against Juan and Edgar Uyunkar. The accusations
finally held against the Uyunkars were trafficking and administering
a controlled substance (i.e. the harmaline contained in the
Banisteriopsis Caapi vine). The Uyunkars have agreed to plead
guilty to those charges. The Natem taken in the last ceremony,
used as a purgative by Juan, was brewed from the vine only.
The participants were also invited to take a mixture made
from tobacco and salt, the size of a grain of rice.
In the sentencing, the Judge took into consideration the
17 months the Uyunkars stayed free on bail in the province
of Ontario as time served. Thus, Edgar received a one day
jail sentence and the order to leave Canada within 14 days
(he flew back to Ecuador April 29th). Juan was given a conditional
sentence of 12 more months in Ontario, along with 150 hours
of community work at Manitoulin Island and the interdiction
of leading rituals involving any controlled substance. Following
the completion of his sentence, Juan must return to Ecuador.
The Judge showed understanding and wisdom in this extremely
sensitive and complex case. It seems that he dispensed justice
to both the family of the departed elder and the two healers.
It is to be hoped that this judgement will bring about a peaceful
resolution in the native community of Manitoulin Island.
Furthermore, it should be emphasized that the Judge did not
give credence to some arguments from the provincial Crown,
such as "negligence", allegation of "cavalier
behaviour", "breach of trust" or to the necessity
of giving to the defendants an "exemplary and dissuasive
sentence"; therefore the demand from the provincial Crown
for a long term sentence in jail was not taken into consideration
in his ruling. Moreover, the Judge refused to directly link
the death of the elder with the ingestion of Natem/Ayahuasca.
Besides, other members of the native community who also suffered
from serious illnesses, amongst which diabetes, saw a clear
improvement of their condition after the ceremonies with the
Uyunkars. But the Judge did affirm that the death of the elder
constituted an aggravating factor in the case. As far as the
exact cause of the death is concerned, the Judge declared
that "only the Creator could know for certain".
Out of the numerous letters of support received, 34 of them
were submitted by the Defence attesting to the legitimacy
of the Uyunkars and the value of the Sacred Medicine. Some
were written by Ecuadorian officials, others by specialists
and by members of the Manitoulin community who participated
in Juan's rituals, etc. These letters, the good faith of the
two healers and the legal status of Ayahuasca within a spiritual
or therapeutic framework in many countries have, without a
doubt, weighted favourably in the Judge's decision.
The federal Crown was not interested in debating the merits
of "holistic medicines", in their proper words,
but to set some limitations. It appears the Judge took into
consideration the Crown's request when handing down his ruling
since the chemical component harmaline is a listed III substance
in the controlled substances law of Canada. However, because
the Defence also said that the autopsy report mentioned that
harmaline was "barely detected", and no quantity
or concentration was specified or considered, therefore it
could hardly be concluded that the Judge did rule on clear
limitations about the "holistic medicines", as requested
by the federal Crown of Canada.
While handing down the court decision, the Judge was mindful
and he continuously used very respectful words when referring
to Ayahuasca and the ceremonies (e.g. Sacred medicine, sacred
spiritual ceremonies, highly spiritual, etc.), so it appears
that the Ayahuasca came out clean in the end. Also, even if
the two healers were sentenced, the fact that the Judge acknowledge
this ancestral and sacred Medecine by using such respectful
terms, it is to be hoped that the Canadian authorities will
now have more accurate information pertaining to therapeutic
and spiritual practices with Ayahuasca.
In closing, may all of those who supported spiritually and
morally this cause, sent documents, letters, donations...
receive sincere and heartfelt thanks. A network of solidarity
between various traditions and lineages is slowly and firmly
being woven...
Harmony, Love, Truth and Justice.
Hugues Bonenfant
Assistant in Juan and Edgar Uyunkar's Defence Committee
Débora Bolsanello
Assistant in Juan and Edgar Uyunkar's Defence Committee
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