A recent Federal Court of Appeal decision about medical psilocybin use exemptions is a great illustration of the administrative law principle that a significant policy shift must be adequately explained.[1]
The appellants in this case were a number of health care practitioners (HCPs) who challenged the Minister of Mental Health and Addictions’ refusal to grant exemptions under subsection 56(1) of the Controlled Drugs and Substances Act (CDSA) to the HCPs for possession and personal use of psilocybin. The HCPs were undergoing training to provide Psilocybin-assisted psychotherapy (PSAP). The HCPs sought the exemption to undergo “experiential psilocybin training,” which means that that HCPs would personally consume psilocybin to experience the altered state of consciousness patients experience during PSAP.
A central argument by the HCPs on appeal was that the Minister’s 2022 decisions were inconsistent with prior exemptions granted in 2020 for the same purpose.