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Canadians should be free to use magic mushrooms religiously: lawsuit

Quebec religion wants Health Canada91裸聊视频檚 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 91裸聊视频淩everend Superior91裸聊视频 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 91裸聊视频渢heir own teachings when entering the sacred space opened by the consumption of psilocybin mushrooms.91裸聊视频

The application says ceremonies must be done safely and legally, but Health Canada hasn91裸聊视频檛 decided on the group91裸聊视频檚 request for an exemption from the Controlled Drugs and Substances Act, which was first submitted in March 2022.

91裸聊视频淎n 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,91裸聊视频 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-profit91裸聊视频檚 lawyer sent a 91裸聊视频渄emand letter91裸聊视频 in September to Health Canada seeking a response to the exemption request within 30 days, and 91裸聊视频淗ealth 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.91裸聊视频

It wants to compel the agency to decide on the exemption, saying it 91裸聊视频渃annot conduct their religious ceremonies without91裸聊视频 it.

Menier and Gratitude Sanctuary claim in court that their 91裸聊视频渞eligious freedom rights are being infringed by the lack of an exemption,91裸聊视频 and they want a judge to compel the minister of mental health and addictions to either decide to grant or refuse the request.

91裸聊视频淣o harm will result from the minister continuing to process the exemption request,91裸聊视频 the court application says.

91裸聊视频淩ather, 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 minister91裸聊视频檚 intent to refuse the request.91裸聊视频

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

Health Canada91裸聊视频檚 website outlines how exemption requests are decided on a 91裸聊视频渃ase by case basis,91裸聊视频 and processing times vary depending on the purpose of the exemption.

The agency91裸聊视频檚 website says it strives to 91裸聊视频渁ssess requests in a timely fashion,91裸聊视频 aiming for 45 days for clinical studies, 70 days for scientific research, but for 91裸聊视频渘on-routine exemptions, there is no set time period for receiving decisions.91裸聊视频

91裸聊视频淭he review time varies depending on the complexity and completeness of the request,91裸聊视频 Health Canada91裸聊视频檚 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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