A Quebec-based religion is taking the minister of mental health and addictions to court, claiming Health Canada is dragging its feet on a decision whether to allow its members to use magic mushrooms in their ceremonies.

Gratitude Sanctuary, known as Sanctuaire de la Gratitude in French, and its 鈥淩everend Superior鈥� Alain Menier, filed an application in Federal Court claiming its members need to consume magic mushrooms to practice their religion.

The application was filed by the religious non-profit in early October in Ottawa, and says the group believes people receive 鈥渢heir own teachings when entering the sacred space opened by the consumption of psilocybin mushrooms.鈥�

The application says ceremonies must be done safely and legally, but Health Canada hasn鈥檛 decided on the group鈥檚 request for an exemption from the Controlled Drugs and Substances Act, which was first submitted in March 2022.

鈥淎n important tenant of the religion is that the mushrooms should be consumed in the safest way possible, which requires that they be consumed under strict health and safety protocols, in a controlled environment, and under trained supervision,鈥� it says.

In response to the request, the application says Health Canada sent two questionnaires to Menier with 41 questions in total, but months went by without a response.

The religious non-profit鈥檚 lawyer sent a 鈥渄emand letter鈥� in September to Health Canada seeking a response to the exemption request within 30 days, and 鈥淗ealth Canada confirmed receipt but did not provide any of the responses requested nor demonstrate that it was taking steps to further the processing of the exemption request.鈥�

It wants to compel the agency to decide on the exemption, saying it 鈥渃annot conduct their religious ceremonies without鈥� it.

Menier and Gratitude Sanctuary claim in court that their 鈥渞eligious freedom rights are being infringed by the lack of an exemption,鈥� and they want a judge to compel the minister of mental health and addictions to either decide to grant or refuse the request.

鈥淣o harm will result from the minister continuing to process the exemption request,鈥� the court application says.

鈥淩ather, it will result in either the minister granting the request and allowing the applicants to practice their religion or the minister notifying the applicants about what more information that is needed or of the minister鈥檚 intent to refuse the request.鈥�

Health Canada said it was looking into a question about religious exemptions from the act.

Health Canada鈥檚 website outlines how exemption requests are decided on a 鈥渃ase by case basis,鈥� and processing times vary depending on the purpose of the exemption.

The agency鈥檚 website says it strives to 鈥渁ssess requests in a timely fashion,鈥� aiming for 45 days for clinical studies, 70 days for scientific research, but for 鈥渘on-routine exemptions, there is no set time period for receiving decisions.鈥�

鈥淭he review time varies depending on the complexity and completeness of the request,鈥� Health Canada鈥檚 website says.

A lawyer for Gratitude Sanctuary did not immediately respond to an email and voice mail seeking comment.

This report by The Canadian Press was first published Oct. 21, 2024.