The respondent was charged with trafficking in a restricted drug after selling magic mushrooms containing Psilocybin to undercover police officers.
At trial, the judge granted a motion for a directed verdict of acquittal, finding no evidence of trafficking because Psilocybin naturally occurring in mushrooms was not explicitly listed in Schedule H of the Food and Drugs Act.
The Court of Appeal upheld the acquittal.
The Supreme Court of Canada allowed the Crown's appeal, holding that the presence of the restricted drug within a mushroom does not destroy its character as a restricted drug, and there was sufficient evidence of trafficking to proceed.
