By Yael Bienenstock, Jon Silver and Amanda Wolczanski ( July 17, 2025, 11:06 AM EDT) -- Government policy — especially science-based policy — is not supposed to stand still. But when policy changes, it is not enough for an administrative decision-maker to simply reference the change when making a decision that is clearly inconsistent with prior determinations on identical issues. That was the conclusion of the Federal Court of Appeal in Toth v. Canada (Minister of Mental Health and Addictions and Associate Minister of Health), 2025 FCA 119 — a case that concerned a discretionary exemption for access to psilocybin, the psychoactive compound in hallucinogenic mushrooms....