Dr. Collette Strnad

The defendants were charged with multiple offences under the Food and Drugs Act relating to the sale, importation, and advertising of 1-(Phenylmethyl) Piperazine (BZP), a synthetic substance sold under brand names including Freq, Peaq, Rush, Rush 2, Spun, and Flow.

The Crown alleged the defendants sold these products without proper drug identification numbers (DINs), without filing new drug submissions, and without proper labeling.

The defendants argued that Health Canada had not determined BZP was a drug during the relevant timeframe and that the charges were duplicative.

The court found that the Crown proved the actus reus of the offences beyond a reasonable doubt, that Adam Wookey was the controlling mind of Purepillz Corporation, and that Health Canada had clearly identified BZP as a drug subject to regulation from at least April 2008 onward.

The court convicted on counts 1-6, 8-13, 29, and 33, and stayed counts 15-20 and 22-27 as duplicative under the Kienapple principle.

All charges against Pure Principles Inc. were dismissed due to insufficient evidence.

The Crown charged the defendants with offences under the Food and Drug Act for selling BZP (1-Benzyl-Piperazine) capsules without obtaining required drug identification numbers and establishment licenses.

The defendants moved for a directed verdict, arguing that BZP products marketed for recreational purposes do not fall within the definition of "drug" under the Food and Drug Act.

The court rejected this argument, finding that the Act applies to substances that modify organic functions regardless of whether medicinal claims are made, and that the legislation's purpose is to protect Canadians from potentially harmful substances.

The motion was dismissed.