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OfflineDJmonkeyballer
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Registered: 07/17/15
Posts: 77
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Last seen: 2 years, 5 months
Legalizing Mushrooms in Canada via the Supreme Court
    #24007172 - 01/13/17 01:26 PM (7 years, 17 days ago)

Hey Shroomery!

I hope your day is going fantastically fantastic.

Here's my idea. Having psilocybin mushrooms legalized or deregulated by appealing to the Supreme Court of Canada that their prohibition is a direct violation of our fundamental rights protected by the Canadian Charter of Rights and Freedoms.

This is copy and pasted from the charter.

Fundamental freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Personally, magic mushrooms have changed my life more intimately than anything else. The lessons I've learned from mushrooms have been instrumental in making me who I am. I used to be suicidal and medicated for major depressive disorder. I didn't understand that every single human is in this life together and that we are deeply connected with each other. I especially thought there was a fundamental divide between men and women in the way they experience this life. I used to torture myself mentally, not understanding that I needed to friends with myself. It was only after my first experiences with these incredible organisms that changes started to take place in my psyche. I  switched my major from business to biology, started taking courses in Buddhism, and took up daily meditation. Ingestion of these mushrooms is a very personal thing for me that I do not take lightly. It is instrumental in the practice of my spirituality.

It is my belief that the prohibition of psilocybin violates my fundamental rights as a Canadian citizen. The fact that government officials can have me locked up in a cage for this practice is, in my opinion unconstituational. I think it violates my freedoms of conscience and thought. It could be argued that it also violates my freedom of religion, though there is no recognized religion that utilizes mushrooms in Canada.

The UN's Universal Declaration of Human Rights in article 18 that "Everyone has the right to freedom of thought, conscience, and religion; this includes the freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance." Though this document is not legally binding, Canada has signed it. The protection of practice and observance in particular are what I would site as support for striking down prohibition.

I've searched the Shroomery and haven't found anything on this topic. In fact, I've found very little on the subject of working towards legalization.

Using this site you can search through complete archives of the Supreme Court and find cases using keywords. I've searched for pretty much every keyword I could think of relating to psilocybin mushrooms. All I've found is one where someone argued that they were innocent because they had mushrooms and only psilocybin is illegal. And others trying to have evidence in drug raids thrown out because it was obtained unconstitutionally.

I couldn't find a case where someone argued they should be allowed to use any drug because of spiritual reasons.

http://scc-csc.lexum.com/scc-csc/en/nav.do
See if you can find anything.

Let me know what you think. I'm not a lawyer and I don't know the inner workings of the Supreme Court. Nor do I know what exactly is defined as "freedom of conscience" or "thought" in Canadian law. But with my current information, it seems the law stands unquestioned. I think that should change.

Peace

Canadian Charter of Rights and Freedoms
http://laws-lois.justice.gc.ca/eng/const/page-15.html

Blog post about the freedom of conscience and religion and international freedoms.
http://www.rmcla.ca/blog/?p=252


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Boots and cats man. It's all just boots and cats.


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Invisiblepsi
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Registered: 09/05/99
Posts: 31,456
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Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: DJmonkeyballer]
    #24007204 - 01/13/17 01:46 PM (7 years, 17 days ago)

IIRC the reason they chose to exempt peyote from the prohibition on mescaline was that they wanted to avoid setting a precedent for drug use being protected under religious freedom. They threw a bone to native spirituality while covering their asses from having to make any further concessions.

Legalization of psilocin/psilocybin seems like it would be even more of an uphill battle politically than with marijuana, since there are a lot fewer people who care about it.


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InvisibleBirchwood
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Registered: 01/12/17
Posts: 4
Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: psi]
    #24008883 - 01/14/17 04:54 AM (7 years, 16 days ago)

Greetings DJ monkey baller.

To me conscience and thoughts are non physical-"states of mind". Or a belief system...

Possessing a controlled substance is a physical state.

In Canada the controlled drugs and substances act deems we cannot possess in any amount.
Much like Marijuana  and other controlled substance there are benefits to responsible consumption.

However, I believe this argument is best won by the angle of "all drugs should be legalized."
The prohibition has not been successful in the terms of the public mandate. 
Legalizing everything will instantly demolish the black market. Criminal jobs would disappear. New legal jobs would stimulate the economy and could be taxed.
These commodities should be taxed and the profits should be directly returned to the people.
Look at Colorado. They are pouring millions into their communities. Jobs, parks and infrastructure.
Homeless people are being paid to clean the city. Truly one hand washes the other.
I hope one day in my lifetime the veil of social conditioning and control is lifted. Power and freedom needs to be returned to the people.


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OfflineKonyap

Registered: 06/30/07
Posts: 33,945
Loc: Planet Piss
Last seen: 4 years, 2 months
Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: Birchwood]
    #24008886 - 01/14/17 04:57 AM (7 years, 16 days ago)

I am also with the idea drug use is a religious thing it dates back nearly to every religion and we still honor their customs today even if we don't use mushrooms christmas is a legit pagan(adult) holiday for mushroom use


Edited by Konyap (01/14/17 04:57 AM)


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OfflinePatlal
You ask too many questions
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Registered: 10/09/10
Posts: 44,797
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Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: Konyap]
    #24009030 - 01/14/17 07:20 AM (7 years, 16 days ago)

first off. Smart idea. Circumventing the government on this one is by far your best chance.

You would have to be busted first in whichever jurisdiction you live in and go to court. You would lose and then you would have to appeal. You would need the media to follow your case on this one, cause this isn't a hot topic issue. From there, you'll need some solid arguments a solid members of society to back you up in order for you to reach the supreme court with this.

It's possible. Prostitution scored a big win not too long ago.

Best of luck


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InvisibleMasked
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Registered: 11/26/12
Posts: 8,979
Loc: Canada Flag
Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: Patlal]
    #24009496 - 01/14/17 10:53 AM (7 years, 16 days ago)

He doesn't have to be busted.

He could make a motion that the Controlled substance act is unconstitutional and violated his rights as proclaimed in the charters of rights and freedoms


And the reason no one has made this huge uphill battle is because it's a very, very expensive battle.  Time consuming as well.


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OfflineDJmonkeyballer
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Registered: 07/17/15
Posts: 77
Loc: Canada Flag
Last seen: 2 years, 5 months
Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: Masked]
    #24009815 - 01/14/17 01:28 PM (7 years, 16 days ago)

Man people actually read my post and put forward reasonable responses!

I think it would be the most effective way to have the laws struck down. It's more of a do it yourself approach than trying to lobby politicians towards drug reform.

I definitely think that this in an endeavor worth pursuing. Masked do you know anything about the process of making a motion?

What do you guys think about a Kickstarter to raise money for the legal battle?


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Boots and cats man. It's all just boots and cats.


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Offlinekoods
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Registered: 05/26/11
Posts: 106,066
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Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: DJmonkeyballer]
    #24009846 - 01/14/17 01:41 PM (7 years, 16 days ago)

The problem with legalizing drugs on a national scale is all our countries are signatories on international treaties that prohibit legalization.


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NotSheekle said
“if I believed she was 16 I would become unattracted to her”


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OfflineDJmonkeyballer
Not a real DJ
Male


Registered: 07/17/15
Posts: 77
Loc: Canada Flag
Last seen: 2 years, 5 months
Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: koods]
    #24012849 - 01/15/17 06:50 PM (7 years, 15 days ago)

This is true. Though the Charter of Rights and Freedoms is entrenched in the Canadian Constitution which takes precedent over all other laws, including international treaties.


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Boots and cats man. It's all just boots and cats.


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Offlineakira_akuma
Φύσις κρύπτεσθαι ὕψιστος φιλεῖ


Registered: 08/28/09
Posts: 82,455
Loc: Onypeirophóros
Last seen: 4 years, 1 month
Re: Legalizing Mushrooms in Canada via the Supreme Court [Re: koods]
    #24012856 - 01/15/17 06:55 PM (7 years, 15 days ago)

Quote:

koods said:
The problem with legalizing drugs on a national scale is all our countries are signatories on international treaties that prohibit legalization.



correct.

i'm gonna go now, and weep for humanities innate stupidity. this is life. you cannot have righteousness. only capitulation in our trammels.


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