Canadians fighting for psilocybin access sue federal government

Based on the quality the studies that have already been performed, the current clinical studies under way AND the lack of advancement in mental health treatments over the last half century, legalizing psilocybin for medical use is LONG overdue.

Eight Canadians have filed a Charter challenge against the Government of Canada and the Minister of Health regarding patient access to psilocybin and psilocybin-assisted therapy. The plaintiffs in this case, which include seven patients and one health-care practitioner, argue that the current modes of accessing psilocybin are insufficient and in violation of Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty and security of the person. It is similar argument to the landmark court case, R v Parker, which led to Canada's first medical cannabis laws. This could be the landmark case that legalizes psychedelics for medical purposes in Canada.

The Charter challenge argues that each of these pathways — obtaining a personal exemption from the Minister of Health under subsection 56(1) of the Controlled Drugs and Substances Act (CDSA), working with a doctor to obtain an authorization through Canada’s Special Access Program or enrolling in a clinical trial — do not adequately serve the needs of patients.

Several of the plaintiffs have terminal diagnoses, including Thomas Hartle, who was diagnosed with stage four colon cancer in 2016.

Another one of the plaintiffs has had four separate bouts of sepsis and lives in chronic pain. They are seeking relief from years-long intractable migraines, a condition for which Health Canada believes there is inadequate evidence to support the use of psilocybin, according to the court filing. The patient has pursued prescription pharmaceuticals, including OxyContin, morphine, fentanyl and nerve blockers to no effect.

“The hoops that patients with cancer need to jump through to get access to their medicine is barbaric,” says Hawkswell. “We’ll look back at this and just see it as barbarism.”

To read the full story as reported by the National Post, click here.