Toth v. Canada (Mental Health), 2025 FCA 119 (Psilocybin*)
Justice Rennie; Justice Woods; Justice Laskin - 2025-06-18
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The Federal Court dismissed an application for judicial review concerning exemptions from the Controlled Drugs and Substances Act to allow healthcare practitioners to possess psilocybin for training purposes in psilocybin-assisted psychotherapy (PSAP). The Minister of Mental Health and Addictions denied the requests, stating that access could be obtained through clinical trials, rendering exemptions unnecessary. The judge found that the appellants did not have standing and concluded that their rights under section 7 of the Canadian Charter of Rights and Freedoms were not engaged, as the Minister had balanced Charter interests against the objectives of the legislation. The case was appealed, with arguments presented regarding the appropriate standard of review and the necessity for the Minister to address Charter considerations more explicitly. Ultimately, the appeal was allowed, remitting the matter back to the Minister for a redetermination in alignment with the court's ruling.
Decision relates to:
- A-290-23 - Jeff Toth et al. v. Minister of Mental Health and Addictions et al.