The plaintiffs argue that current modes of accessing psilocybin are a violation of Section 7 of the Canadian Charter of Rights and Freedoms
The plaintiffs, which include seven patients and one health-care practitioner, are arguing that the current modes of accessing psilocybin are insufficient and a violation of Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the right to life, liberty and security of the person.
The Charter challenge argues that each of these pathways — obtaining a personal exemption from the Minister of Health under subsection 56 of the Controlled Drugs and Substances Act , 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.
Hartle, with assistance from TheraPsil, applied for the exemption in June 2020. Health Canada then requested more information, which was provided in two more supplementary letters in July 2020. Hartle underwent psilocybin-assisted psychotherapy two more times before his exemption expired. According to the court filing, Hartle’s cancer has spread throughout his abdominal cavity. He has tumours in 51 locations, 47 of which are undetectable through medical scans, leaving doctors unable to offer a prognosis about how much time he may have left.Article content
“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.” The statement of claim also argues that a framework for constitutionally viable access to psilocybin already exists in the context of cannabis law.In 2000, an Ontario court ruled that Toronto resident Terry Parker, who had suffered epileptic seizures since his teens and found relief through cannabis, could grow the plant legally and threw out previous charges for possession and trafficking.
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