The applicant was charged with possessing psilocybin for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act.
He filed a Notice of Constitutional Question challenging the constitutionality of section 5 of the CDSA as it relates to psilocybin, alleging violations of section 2(b) (freedom of thought) and section 7 (liberty and security of the person) of the Canadian Charter of Rights and Freedoms.
The applicant argued that the prohibition on trafficking infringes the rights of others to access psilocybin for its thought-related benefits.
The court found that section 5(2) of the CDSA does not infringe either section 2(b) or section 7 of the Charter.
The court rejected the applicant's broad interpretation of freedom of thought and found that psilocybin, as an unpredictable and scientifically nascent substance, does not constitute a protected tool of thought under the Charter.
