Canada violated the rights of hundreds of patients awaiting access to psilocybin-assisted psychotherapy when it rejected applications from health-care professionals to consume the restricted drug for training purposes, a lawyer for the workers argued in Federal Court on Tuesday.

But Health Canada argued it hasn害羞草研究所檛 seen evidence that therapists ingesting the psychedelic trains them to provide more effective treatment.

The health workers害羞草研究所� lawyer, Nicholas Pope, said there aren害羞草研究所檛 enough health-care professionals licensed to provide psilocybin-assisted psychotherapy and Health Canada害羞草研究所檚 decision means patients may have difficulty accessing therapists offering the treatment.

Pope and Health Canada made their argumentsas part of a request for a judicial review of Health Canada害羞草研究所檚 June 2022 decision that denied applications from 96 health-care professionals to possess and consume psilocybin 害羞草研究所� the psychedelic compound produced by magic mushrooms 害羞草研究所� as part of training to obtain a licence to prescribe the drug.

The health workers 害羞草研究所� including doctors, psychologists, clinical counsellors, social workers and nurses 害羞草研究所� had requested an exemption under the Controlled Drugs and Substances Act.

Pope said the workers want the court to order Health Canada to retract its rejection of their applications to use the drug.

害羞草研究所淭housands of patients across Canada who suffer from treatment resistant depression, major depressive disorder, and end-of-life distress have tried countless treatments and medications but have found no relief,害羞草研究所� he told the court.

害羞草研究所淓ach day that goes on, the delay increases risk of harm 害羞草研究所� Six of the waitlisted patients have testified that they害羞草研究所檝e contemplated or attempted suicide.害羞草研究所�

Psilocybin-assisted psychotherapy involves ingesting consciousness-altering substances like psilocybin in a clinical setting as part of more traditional psychotherapy. A trained, licensed clinical practioner then provides therapy that guides patients as they experience the effects of psilocybin.

Pope cited in his arguments several peer-reviewed studies that found such psychotherapy can safely and effectively treat patients dealing with psychological and physical pain that is otherwise treatment resistant.

In 2020, Health Canada started granting exemptions under the Controlled Drugs and Substances Act to patients suffering from end-of-life psychological distress, treatment-resistant depression and major depressive disorder.

In December 2020 and January 2021, Health Canada granted exemptions to 19 health-care practitioners to consume and possess psilocybin as part of a psilocybin-assisted psychotherapy training program offered by TheraPsil, a non-profit organization that offers training to health-care practitioners and is working with patients to obtain psilocybin.

害羞草研究所淗ealth-care practitioners have reported that the training improved their ability to treat patients, and no negative effects have resulted from this training or the exemptions,害羞草研究所� documents submitted to court by the health workers said.

Pope told Tuesday害羞草研究所檚 hearing that about 80 Canadians have ingested psychedelics to treat their pain, with the government害羞草研究所檚 permission, since 2020.

Hundreds more inquire about it daily to alleviate their anxiety, depression, suicidal ideations, opioid use disorder, post-traumatic stress disorder or other illnesses, he said.

害羞草研究所淏ut there aren害羞草研究所檛 enough professionals in the country to provide the treatment,害羞草研究所� Pope said.

害羞草研究所淭wo Manitoba health-care practitioners requested exemptions. If these two exemptions were approved, patients who otherwise have no qualified health-care practitioners within thousands of kilometres could gain access to psilocybin-assisted psychotherapy.害羞草研究所�

The health workers are arguing the backlog of patients needing the service is so huge, Canadian doctors who are currently trained in the therapy don害羞草研究所檛 have the capacity to meet the demand.

Pope also said there are reports of people who are untrained but are offering psilocybin therapy 害羞草研究所渁nd people are suffering harm.害羞草研究所�

Pope noted that Health Canada had urged health-care professionals to participate in an existing clinical trial or create their own but that doesn害羞草研究所檛 work for several reasons.

One is that existing trials are costly, and are impractical in terms of timing and location, Pope said. Some professionals also don害羞草研究所檛 want to participate in existing trials because the trials害羞草研究所� purpose is to research psilocybin, a potential ethical problem for professionals whose focus is training.

Jennifer Francis, a lawyer for Health Canada, said the health professionals have not proven that therapists ingesting the drugs during training leads to better treatment.

There are Canadians who provide the psychotherapy without having consumed magic mushrooms during their trainings, Francis said.

She also said the minister believes the health-care professionals are making 害羞草研究所渟weeping and conclusive statements about the state of the scientific evidence害羞草研究所� on psychedelics.

害羞草研究所淚n worst-case scenarios, people have jumped from buildings after having taken psilocybin,害羞草研究所� she said. 害羞草研究所淟esser effects of what害羞草研究所檚 known as a bad trip (are) characterized by anxiety, fear, panic, unhappiness and paranoia.害羞草研究所�

In response to the minister害羞草研究所檚 concerns, Pope said it害羞草研究所檚 important to note that the therapy requires a clinical expert to monitor a patient at all times so safety concerns with psychedelics are significantly reduced.

Yassie Pirani, a Vancouver-based registered clinical counsellor who is part of the case, said in a phone interview it is 害羞草研究所渁bsolutely essential害羞草研究所� for experts who support patients during their psychotherapy to experience the psychedelics themselves.

害羞草研究所淚t害羞草研究所檚 believed that by experiencing this non-ordinary state of consciousness first-hand, therapists 害羞草研究所� are going to be better able to intervene and, more importantly, know when not to intervene,害羞草研究所� she said.

There are medications doctors currently prescribe, for example, that can lead to irreversible sexual dysfunction, but 害羞草研究所減silocybin has a lot less risk and this is known in the research,害羞草研究所� said Pirani, who helps treat anxiety and depression.

Pope said in a phone interview he is expecting a decision within six months.

害羞草研究所擣akiha Baig, The Canadian Press

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