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. Cluster headaches are rare. They can last anywhere from 15 minutes to three hours, recur multiple times a day and come on in clusters lasting weeks or months. Symptoms include droopy eyelids, facial swelling, fever, nausea and vomiting. Lance eventually found his way to Calgary neurologist William Davenport, who, after numerous unsuccessful attempts to treat his cluster headaches with conventional therapies, suggested Lance try hallucinogenic mushrooms.
Lance experimented with different dosages, eventually setting on a regimen that works. Health Canada has authorized requests for psilocybin, a restricted drug, under the SAP since , though none for cluster headaches. In one study, 70 per cent of people saw no benefit. Charged with manslaughter, he argued his actions were involuntary because of his state of intoxication.
Health Canada has 14 days to render its decision. Story from — National Post. A year-old Calgary man who suffers debilitating cluster headaches has won a Federal Court battle forcing Health Canada to reconsider his bid for legal access to psilocybin to treat his extreme pain.
Health Canada denied the request due to lack of research into the efficacy of the drug to treat cluster headaches. According to experts, the exact causes remain unclear. Health Canada is facing pressure to speed up research into the therapeutic potential of magic mushrooms to help people facing significant mental health issues, including PTSD. He argued that by denying Lance access to psilocybin, federal authorities infringed on his Charter right to make reasonable medical choices regarding his physical and mental wellbeing.
