We won. The Federal Court overturned Health Canada’s refusal to allow psilocybin for cluster headache patient, Jody Lance.
The decision was “unreasonable”, lacking intelligibility, justification, and transparency, and it failed to engage with arguments about the patient’s s. 7 Charter rights.
The Court ordered a redetermination by a different decision maker, giving strong directions to Health Canada that they must meaningfully grapple with Charter submissions.
So far, the Special Access Program has consistently ignored any and all Charter arguments made by doctors and patients, simply pretending they do not exist. This decision should put an end to that. The Court also criticized Health Canada for failing to grapple with the numerous other submissions made.
It’s a first step forward for medical psilocybin, but not the last.
The decision was “unreasonable”, lacking intelligibility, justification, and transparency, and it failed to engage with arguments about the patient’s s. 7 Charter rights.
The Court ordered a redetermination by a different decision maker, giving strong directions to Health Canada that they must meaningfully grapple with Charter submissions.