Psilocybin mushrooms that are ready for distribution are shown in Springfield, Ore., on Aug. 14, 2023. THE CANADIAN PRESS/AP, Craig Mitchelldyer
A religious group from Quebec is suing the minister of mental health and addictions, arguing that Health Canada is delaying its decision on whether its members can use magic mushrooms in their spiritual practices.
Gratitude Sanctuary, or Sanctuaire de la Gratitude in French, along with its leader, Reverend Superior Alain Menier, has filed an application in Federal Court. They assert that the use of magic mushrooms is essential for their religious ceremonies.
The non-profit organization submitted its application in early October in Ottawa, stating that its members believe consuming psilocybin mushrooms helps them receive personal insights within a sacred space. The group emphasizes that their ceremonies need to be conducted safely and legally, yet they have been waiting since March 2022 for Health Canada to respond to their request for an exemption from the Controlled Drugs and Substances Act.
According to the application, a key principle of their faith is to ensure mushrooms are consumed safely, which requires strict health protocols and trained supervision. In response to their request, Health Canada provided Menier with two questionnaires comprising a total of 41 questions, but months passed without any further communication.
In September, the group's lawyer sent a letter to Health Canada demanding a response to the exemption request within 30 days. While Health Canada acknowledged the letter, it did not provide the information requested or indicate any progress on the matter.
Gratitude Sanctuary argues that without this exemption, they cannot conduct their religious practices. They claim that their rights to religious freedom are being violated due to the ongoing delays and are seeking a court order that would compel the minister to make a decision on their request.
The court filing states that there would be no negative consequences if the minister continued processing the exemption request. Instead, it would either allow the group to practice their faith or clarify what additional information is required or indicate an intent to deny the request.
Health Canada has acknowledged the inquiry regarding religious exemptions and noted that requests are evaluated on a case-by-case basis. Processing times can vary significantly depending on the nature of the exemption. Their website mentions that while they aim for 45 days for clinical studies and 70 days for scientific research, there is no set timeline for non-routine exemptions, with review times depending on the complexity and completeness of each request.
A lawyer representing Gratitude Sanctuary has not yet responded to requests for comment.
