Month: April 2025

In this episode of Queen’s Pro Bono Radio, host Andrei Uzumtoma dives into the murky legal waters surrounding psilocybin, the psychoactive compound in magic mushrooms. Despite being illegal under the Controlled Drugs and Substances Act, mushroom dispensaries are cropping up across Canadian cities. So what gives? 

Through an exploration of the relevant law, Andrei breaks down the penalties for possession, production, and trafficking psychedelics. This episode also explores two key court cases—Hartle v Canada, which challenges the constitutionality of denying psilocybin to terminally ill patients, and R v Brown, where psychedelic intoxication collided with criminal liability and prompted major reforms to Section 33.1 of the Criminal Code.

By examining recent legal developments and their broader context, Andrei highlights the legal questions and access-to-justice issues raised by Canada’s changing drug policy environment.

Are magic mushrooms Canada’s next legalization frontier? And what’s at stake for those seeking relief and accountability? 

Andrei Uzumtoma – Producer, Host, Editor

Music by MorningLightMusic – Free YouTube / Non-Copyright background music  

Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

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Research Referred to in the Podcast:

Canadian Press Staff, Experts Doubt Whether Illegal Magic Mushroom Stores Will Advance Drug Policy, CTV NEWS (July 13, 2023), online: https://www.ctvnews.ca/montreal/article/experts-doubt-whether-illegal-magic-mushroom-stores-will-advance-drug-policy/.

Canadian Public Health Association. (2023). Forum on a Public Health Approach to Psychedelics: Summary Report.

Controlled Drugs and Substances Act, SC 1996, c 19

Hartle v Canada (AG), Federal Court, filed 2022

Jacobs, E., Earp, B. D., Appelbaum, P. S., Bruce, L., Cassidy, K., Celidwen, Y., … Yaden, D. B. (2024). The Hopkins-Oxford Psychedelics Ethics (HOPE) Working Group Consensus Statement. The American Journal of Bioethics, 1–7.

MacBride, K. (2023). “How Psychedelic Hype Is Hurting More People Than We Realize,” Daily Beast (Nov. 25, 2023).

Mike Hager, Magic Mushroom Stores Are Popping Up in Vancouver, Hoping to Open the Doors To Legalization, THE GLOBE AND MAIL (February 24, 2023), online: https://www.theglobeandmail.com/canada/british-columbia/article-magic-mushroom-stores-vancouver/.

Monika Bar & Marc Z. Goldgrub, State of Canadian Psychedelic Law – 2024 Report (Toronto: Green Economy Law Professional Corporation, December 2023), online: https://www.psychedeliclaw.ca.

Monika Bar, Emma Pandy-Szekeres & Marc Z. Goldgrub, State of Canadian Psychedelic Law – 2025 Report (Toronto: Green Economy Law Professional Corporation, January 2025), online: https://www.psychedeliclaw.ca.

Nutt, D. J., King, L. A., & Phillips, L. D. (2010). Drug harms in the UK: a multicriteria decision analysis. Lancet, 376 (9752), 1558–1565.

“Psychedelic Medicines 2024 – Canada: Trends and Developments” (2024) Chambers Practice Guides, online: https://practiceguides.chambers.com/practice-guides/psychedelic-medicines-2024/canada/trends-and-developments

R v Brown, 2022 SCC 18.

Rush, B., Marcus, O., Shore, R., Cunningham, L., Thompson, N., & Rideout, K. (2022). Psychedelic medicine: A rapid review of therapeutic applications and implications for future research. Homewood Research Institute.

Saira Peesker, Magic Mushroom Store Previously Shut Down by Police Is Back Open in Hamilton’s East End,CBC NEWS (June 1, 2023), online: https://www.cbc.ca/news/canada/hamilton/mushroom-cabinet-open-1.6859604.

Sean Lawlor, Psychedelic Exceptionalism and Reframing Drug Narratives: An Interview with Dr. Carl Hart, PSYCHEDELICS TODAY (accessible at https://psychedelicstoday.com/2020/02/18/psychedelic-exceptionalism-and-reframing-drug-narratives-an-interview-with-dr-carl-hart/).

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Plea bargains play a vital role in Canada’s justice system. By reducing the number of cases that go to trial and providing greater certainty in outcomes for accused persons, they help improve the system’s overall efficiency. However, plea bargains present some serious concerns. When vulnerable individuals—facing financial hardship, inadequate legal support, and compelling evidence against them—are presented with a plea deal, are they truly being afforded the right to the presumption of innocence? 

The presumption of innocence guarantees that every person charged with an offence is presumed innocent until proven guilty in a fair and public trial. Yet plea bargains can undermine this principle by pressuring accused persons to plead guilty in exchange for a reduced sentence. This is especially troubling considering documented false guilty pleas that have led to wrongful convictions in Canada. For those facing severe penalties, overwhelming evidence, or systemic disadvantages, a guilty plea may feel like their only viable option. In such cases, the presumption of innocence is effectively denied. 

In this episode, Madelyn explores the key factors contributing to false guilty pleas, including limited legal resources, systemic discrimination, and evidentiary issues. Madelyn examines the cases of Dinesh Kumar and Anthony Hanemaayer—two individuals who were wrongfully convicted after pleading guilty to crimes they did not commit. These stories reveal how plea bargains, when accepted under coercive conditions, override the presumption of innocence. 

Will the justice system find a balance between efficiency and fairness—or will the presumption of innocence continue to be a casualty of compromise? 

Madelyn Pepper – Producer, Host, Editor

Pro Bono Radio is part of the Queen’s Chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research referred to in the Podcast:

JURISPRUDENCE

R. v. Brant, 2011 ONCA 362 

R. v. Burlingham, [1995] 2 S.C.R. 206

R. v. Hanemaayer, 2008 ONCA 580 

R. v. Kumar, 2011 ONCA 120 

Criminal Code, RSC 1985, c. C-46, s. 606(1.1)

SECONDARY MATERIALS

Exonerations: Richard Brant. Innocence Canada. https://www.innocencecanada.com/the-latest/exoneration/richard-brant/

Exonerations: Dinesh Kumar. Innocence Canada. https://www.innocencecanada.com/the-latest/exoneration/dinesh-kumar/

Victim participation in the plea negotiation process in Canada. Retrieved from the Government of Canada website:https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rr02_5/p0.html

Causes of wrongful convictions. Innocence Canada, https://www.innocencecanada.com/causes-of-wrongful-convictions/

Exonerations: Anthony Hanemaayer. Innocence Canada. https://www.innocencecanada.com/the-latest/exoneration/anthony-hanemaayer/

Dr. Charles Smith: The man behind the public inquiry. CBC. https://www.cbc.ca/news/canada/dr-charles-smith-the-man-behind-the-public-inquiry-1.864004

Zina Lu Burke Scott, An Inconvenient Bargain: The Ethical Implications of Plea Bargaining in Canada, 2018 81-1 Saskatchewan Law Review 53, 2018 CanLIIDocs 372, <https://canlii.ca/t/2fns>   

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The world as we know it is rapidly transforming as artificial intelligence integrates into daily life; streamlining tasks, generating content, and even making decisions once reserved for humans. From self-driving cars to AI-powered customer service, the lines between human ingenuity and machine efficiency continue to blur. In the midst of it all is the music industry, where AI-generated songs threaten to replace struggling artists—because who needs an entire tortured poets department when an algorithm can churn out heartbreak ballads at a moment’s notice?

In this episode, hosts Kieffer and Scotty examine some of the latest alleged uses of artificial intelligence in music. In their discussion regarding legal issues that artificial intelligence poses to proprietary rights, they discuss previous cases that touched upon an individual’s proprietary rights, as well as new legislation aimed at containing the use of artificial intelligence. The discussion hopes to bring the attention of listeners towards the potential legal issues that courts will face as artificial intelligence continues to develop, whether they be the proprietary issues specific to the music sphere, or on a much larger scale.

Kieffer Beard and Scotty Sullivan – Producers, Hosts, Editors

Music: Prism by Theatre of Delays

Source: https://www.bensound.com/

License Code: B50UKLWZEC4ZTUC8

Pro Bono Radio is part of the Queen’s Chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.

Subscribe to this podcast on Apple Podcasts, Google Play, Spotify and Stitcher!

Research Referred to in the Podcast:

JURISPRUDENCE:

Krouse v. Chrysler Canada Ltd. et al., 1973 CanLII 574 (ON CA)

Athans v. Canadian Adventure Camps Ltd. et al., 1977 CanLII 1255 (ON SC)

SECONDARY MATERIALS:

Bill C-27, An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts,1st Sess, 44th Parl, 2022 https://www.parl.ca/DocumentViewer/en/44-1/bill/C-27/first-reading

Ensuring Likeness, Voice, and Image Security Act, Pub L No 2091, Tenn, 2024. http://www.capitol.tn.gov/Bills/113/Bill/SB2096.pdf

Dahl et al., “AI in music: The Drake/Tupac case and beyond” (May 7, 2024) https://www.millerthomson.com/en/insights/publications/ai-in-music-drake-tupac-case/

“AI created a song mimicking the work of Drake and The Weeknd. What does that mean for copyright law?” (May 2, 2023) https://hls.harvard.edu/today/ai-created-a-song-mimicking-the-work-of-drake-and-the-weeknd-what-does-that-mean-for-copyright-law/

Gabriel Bras Nevares, “Playboi Carti Reportedly Denies Using AI On New Album “MUSIC” Amid Fans’ Outrage” (March 16, 2025) https://www.hotnewhiphop.com/894587-playboi-carti-denies-using-ai-new-album-music-hip-hop-news

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