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Canadians should be free to use magic mushrooms religiously: lawsuit

Quebec religion wants Health CanadaBԪַs blessing to use magic mushrooms in ceremonies
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Psilocybin mushrooms that are ready for distribution are shown in Springfield, Ore., on Aug. 14, 2023. THE CANADIAN PRESS/AP, Craig Mitchelldyer

A Quebec-based religion is taking the minister of mental health and addictions to court, claiming Health Canada is dragging its feet on a decision whether to allow its members to use magic mushrooms in their ceremonies.

Gratitude Sanctuary, known as Sanctuaire de la Gratitude in French, and its BԪַReverend SuperiorBԪַ Alain Menier, filed an application in Federal Court claiming its members need to consume magic mushrooms to practice their religion.

The application was filed by the religious non-profit in early October in Ottawa, and says the group believes people receive BԪַtheir own teachings when entering the sacred space opened by the consumption of psilocybin mushrooms.BԪַ

The application says ceremonies must be done safely and legally, but Health Canada hasnBԪַt decided on the groupBԪַs request for an exemption from the Controlled Drugs and Substances Act, which was first submitted in March 2022.

BԪַAn important tenant of the religion is that the mushrooms should be consumed in the safest way possible, which requires that they be consumed under strict health and safety protocols, in a controlled environment, and under trained supervision,BԪַ it says.

In response to the request, the application says Health Canada sent two questionnaires to Menier with 41 questions in total, but months went by without a response.

The religious non-profitBԪַs lawyer sent a BԪַdemand letterBԪַ in September to Health Canada seeking a response to the exemption request within 30 days, and BԪַHealth Canada confirmed receipt but did not provide any of the responses requested nor demonstrate that it was taking steps to further the processing of the exemption request.BԪַ

It wants to compel the agency to decide on the exemption, saying it BԪַcannot conduct their religious ceremonies withoutBԪַ it.

Menier and Gratitude Sanctuary claim in court that their BԪַreligious freedom rights are being infringed by the lack of an exemption,BԪַ and they want a judge to compel the minister of mental health and addictions to either decide to grant or refuse the request.

BԪַNo harm will result from the minister continuing to process the exemption request,BԪַ the court application says.

BԪַRather, it will result in either the minister granting the request and allowing the applicants to practice their religion or the minister notifying the applicants about what more information that is needed or of the ministerBԪַs intent to refuse the request.BԪַ

Health Canada said it was looking into a question about religious exemptions from the act.

Health CanadaBԪַs website outlines how exemption requests are decided on a BԪַcase by case basis,BԪַ and processing times vary depending on the purpose of the exemption.

The agencyBԪַs website says it strives to BԪַassess requests in a timely fashion,BԪַ aiming for 45 days for clinical studies, 70 days for scientific research, but for BԪַnon-routine exemptions, there is no set time period for receiving decisions.BԪַ

BԪַThe review time varies depending on the complexity and completeness of the request,BԪַ Health CanadaBԪַs website says.

A lawyer for Gratitude Sanctuary did not immediately respond to an email and voice mail seeking comment.

This report by The Canadian Press was first published Oct. 21, 2024.





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