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 "Reverend Superior" 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 "their own teachings when entering the sacred space opened by the consumption of psilocybin mushrooms."
The application says ceremonies must be done safely and legally, but Health Canada hasn't decided on the group's request for an exemption from the Controlled Drugs and Substances Act, which was first submitted in March 2022.
"An important (tenet) 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," 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-profit's lawyer sent a "demand letter" in September to Health Canada seeking a response to the exemption request within 30 days, and "Health 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."
It wants to compel the agency to decide on the exemption, saying it "cannot conduct their religious ceremonies without" it.
Menier and Gratitude Sanctuary claim in court that their "religious freedom rights are being infringed by the lack of an exemption," and they want a judge to compel the minister of mental health and addictions to either decide to grant or refuse the request.
"No harm will result from the minister continuing to process the exemption request," the court application says.
"Rather, 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 minister’s intent to refuse the request."
Health Canada said it was looking into a question about religious exemptions from the act.
Health Canada's website outlines how exemption requests are decided on a "case by case basis," and processing times vary depending on the purpose of the exemption.
The agency's website says it strives to "assess requests in a timely fashion," aiming for 45 days for clinical studies, 70 days for scientific research, but for "non-routine exemptions, there is no set time period for receiving decisions."
"The review time varies depending on the complexity and completeness of the request," Health Canada's 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.
Darryl Greer, The Canadian Press
