Native healer Donald Wayne Ashley was sentenced to two years of probation following a full-day sentencing hearing at the Penticton Courthouse on Friday.

Image Credit: Keith Lacey, Local Journalism Initiative

An Indigenous healer convicted of assaulting a woman during a healing ceremony was sentenced Friday to two years of probation and banned from all Syilx Okanagan Nation lands.

The incident, which occurred in October 2022, has caused lasting trauma and sparked widespread condemnation from Indigenous leaders and the community.

Donald Wayne Ashley, 51, was found guilty of one count of common assault following a month-long jury trial. Originally facing six sexual assault charges involving six women, Ashley was acquitted of three charges and convicted of one assault. Two other charges were withdrawn, and one was stayed.

Justice Michael Brundrett, citing a serious breach of trust, declined the defense’s request for a conditional discharge, which would have spared Ashley a criminal record. The judge emphasized that the complainant in the assault case was a “highly credible and reliable witness” and found Ashley’s testimony to be inconsistent and lacking logic.

The woman, a Syilx mother and grandmother, said in a tearful victim impact statement that Ashley had “stripped away her dignity” and left her with lasting emotional scars. “He stole from me my sense of peace I’ve spent years to build,” she told the court. “The woman I was before this incident is gone.”

Her husband described a deep spiritual and emotional rupture in their family. A daughter’s written statement expressed rage and disbelief that her mother — a respected leader — was subjected to such abuse. 

The victim’s sister, who had originally invited Ashley to conduct ceremonies in the community, expressed profound guilt and said the “collective damage” remains widespread.

The jury’s verdict — delivered at 1 a.m. after more than two days of deliberation — sparked outrage in the Indigenous community. Penticton Indian Band Chief Greg Gabriel, who read a community impact statement during sentencing, denounced the criminal justice system for failing Indigenous women.

“He gets to walk away free, but they have to live with what he did,” said Gabriel. “He’s brought disgrace to a sacred part of our traditions and healing.”

In response to the verdict, the Syilx Okanagan Nation Chiefs issued a statement reaffirming their commitment to protecting Indigenous women. They banished Ashley from all Syilx lands and declared that community workers will monitor his compliance. “Our Nation will not tolerate violence against our women,” they said.

The Chiefs called for systemic reforms, citing the findings of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), and urged the government to uphold obligations under UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples).

Ashley, who now lives in Kamloops, denied any inappropriate behaviour during his testimony, repeatedly stating “absolutely not.” He claimed the assault conviction stemmed from a misunderstanding about where the complainant consented to be touched during the healing session.

His lawyer, Mark Norha, emphasized Ashley’s traumatic past, community contributions, and lack of criminal history while requesting a discharge.

Crown attorney Catherine Rezansoff argued that the breach of trust and Ashley’s position of authority made a discharge inappropriate. She highlighted that the complainant never consented to the specific contact that occurred, and that Ashley’s refusal to acknowledge wrongdoing exacerbated the harm.

Ashley’s sentence includes no contact with any complainants, abstention from alcohol and drugs, and a restriction on performing healing ceremonies unless consent is provided by another adult via waiver. He is also prohibited from entering Syilx lands.

The trial revealed that Ashley had performed ceremonies for over a decade without complaint until October 2022, when five women came forward with allegations of non-consensual sexual touching during a four-day period.

The complainants — who had previously viewed Ashley as a trusted healer — testified that his conduct became aggressive and inappropriate during those sessions.

Brundrett stated that he was legally bound to respect the jury’s acquittals on sexual assault charges and could not consider any sexual impropriety in sentencing.

Still, he reaffirmed the seriousness of the assault conviction and the victim’s compelling testimony.

Outside the Penticton courthouse, emotions ran high after sentencing. Ashley and his wife exited quietly, walking past crying supporters of the complainants. Some women jeered and shouted at him. A First Nations elder approached Ashley and calmly said, “You know what to do. You both know what to do.”

Despite the verdict, the community continues to rally around the survivors. “We are still here, and we will always be here,” said the assault victim, speaking to the strength and resilience of Indigenous women in the face of injustice.

— This article was originally published by the Penticton Herald

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