Federal court rules Health Canada decision to block experiential psilocybin training was unreasonable
The recent decision by the Federal Court of Appeal regarding Health Canada’s refusal to allow exemptions for health-care workers to use psilocybin as part of their experiential training has sparked discussions and debates across the country. The ruling, which was the result of an appeal of a 2022 judicial review application, involved 96 health-care practitioners who sought an exemption to legally use dried hallucinogenic mushrooms for training purposes.
The initial application for exemption was filed under the name of Jeff Toth, a Nova Scotia nurse practitioner, who has been a vocal advocate for psilocybin treatment. Health Canada’s refusal to grant exemptions to these health-care workers has been deemed unreasonable by the Federal Court of Appeal, and the case has been sent back to Health Minister Marjorie Michel for redetermination.
Psilocybin, commonly known as magic mushrooms, contains psychoactive substances that are only legal for use in Canada if an exemption is granted under the Controlled Drugs and Substances Act (CDSA). These exemptions are typically reserved for psilocybin-assisted psychotherapy, which involves medically supervised consumption of the substance for the treatment of serious medical conditions such as end-of-life distress or treatment-resistant depression.
John Gilchrist, communications director for TheraPsil, a Canadian non-profit organization advocating for legal access to psychedelic therapy, expressed his elation at the court’s decision. He emphasized the importance of opening up access to therapies by training more professionals who can help treat patients with conditions like debilitating migraines or depression. Gilchrist believes that Health Canada’s refusal to grant exemptions is not only harming health-care professionals but also the most vulnerable patients in Canada.
The Federal Court of Appeal’s decision highlighted the arbitrary nature of Health Canada’s refusal to grant exemptions to the health-care workers. The court noted that Health Canada had changed its position on psilocybin exemptions between 2020 and 2022 without providing a clear explanation. In 2020, then Health Minister Patty Hajdu granted exemptions to 19 health-care practitioners, a decision that was reversed in 2022 under Carolyn Bennett, the then minister of mental health and addictions.
Ottawa lawyer Nicholas Pope, who represented the appellants, sees this decision as a significant legal win that will help open up access to psychedelic treatments. He pointed out the inconsistency in Health Canada’s demands for scientific evidence of efficacy, noting that such evidence was not required in 2020 but was suddenly demanded in 2022.
This ruling comes on the heels of another legal victory in May 2024, when a Calgary man named Jody Lance successfully won a Federal Court battle forcing Health Canada to reconsider his bid for legal access to psilocybin to treat his debilitating cluster headaches. Lance’s case was withdrawn after he received approval for an exemption this year.
Requests to access controlled substances in special medical circumstances are typically filed through Health Canada’s Special Access Program (SAP). Canadians have had limited legal access to psilocybin under the SAP since 2022, with Health Canada approving a growing number of requests each year.
As discussions around psychedelic therapy continue to evolve, it is clear that legal battles like these are crucial in shaping the future of healthcare in Canada. The recent ruling from the Federal Court of Appeal serves as a reminder of the importance of ensuring access to innovative treatments for those who need them most.
