MindTech and some MindTech clients will go to court to challenge the law on microdosing.
MindTech will seek to strike down the psychedelic laws on microdosing as contravening our constitutionally-protected freedom of thought. Freedom of thought is protected under section 2(b) of the Canadian Charter of Rights and Freedoms (the “Charter”).
Psychedelics are a freedom of thought tool that allows us to more fully experience thought. Psychedelics are to freedom of thought what the printing press was to freedom of expression. Psychedelics facilitate thought in many ways. Psychedelics have been found to enhance spirituality, mindfulness, focus, openness, creativity, compassion, empathy, peace, calm, and awe. They provide spiritual and emotional insights.
This will be the first freedom of thought case in Canada. To some extent, it will be the first freedom of thought case in the world. When interpreting a constitutional right for the first time the court must put the right in its linguistic, philosophic and historical context. These rights were not enacted in a vacuum. Freedom of thought’s ancient roots trace back thousands of years. Many have viewed it as a core right that reflects what it means to be human. Without it, we undermine our own sovereignty and, as a society, we expose ourselves to barbarity. In the 20th century freedom of thought came to be viewed by some as one of the most important human rights if not the most important human right. The courts (when they speak of it), international bodies, and experts in human rights all agree it is a foundational human right. In other words, it is the foundation of other rights.
MindTech and some MindTech clients would bring an application for a declaration that the laws that prohibit the possession, production and selling of psychedelics are in breach of freedom of thought.
Our end goal would be microdosing, but in court we might also challenge flood dosing.