Lance v. Canada (Attorney General), 2024 FC 787

Justice Fothergill - 2024-05-24

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The case concerned a neurologist's patient suffering from severe cluster headaches who found relief from ingesting non-hallucinogenic doses of psilocybin, a controlled substance in Canada. The patient and doctor applied for access to psilocybin under Health Canada’s Special Access Program (SAP) but were refused on grounds of unestablished medical efficacy and lack of ruling out conventional treatments. The court found the delegate’s refusal unreasonable as he failed to adequately address the patient's Charter rights and key arguments presented. The Minister's decision was criticized for not fully considering the medical evidence and patient's unique circumstances. The court granted the application for judicial review, remitting the matter to a different delegate for reconsideration, emphasizing the necessity of a thorough examination of the patient's case and Charter rights within the SAP framework.

Decision relates to:

  • T-1881-23 - Jody Lance et Al. v. Minister of Health


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