| GENERAL INFORMATION
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| KEYWORDS
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Category 3 aviation medical certificate, category 4 aviation medical certificate, mental health, medication, cannabis
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| FILE NO.
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Q-4435-28
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| SECTOR (Marine or Aviation)
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Aviation
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| SPECIFIC JOB
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Unknown
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| DIAGNOSIS (Primary, Secondary, etc.)
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Primary: Post-traumatic stress disorder (PTSD)
Secondary: Possible autism spectrum disorder - Asperger’s syndrome
Tertiary: Fibromyalgia
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| REVIEW
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| DATE OF DETERMINATION
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February 24, 2020
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| MEMBER
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Dr. Robert Perlman
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| DETERMINATION
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The Minister’s decision is confirmed.
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| REASONS FOR THE DETERMINATION
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Refusal to issue a category 3 or category 4 aviation medical certificate — The Minister of Transport’s evidence clearly shows that the applicant has been using cannabis every night since 2017, primarily to control her sleep and reduce anxiety related to PTSD, as well as the pain caused by fibromyalgia. The refusal to issue a medical certificate was validly based on paragraphs 3.3(a) and 4.3(b) of the Canadian Aviation Regulations Standard 424.17(4), Physical And Mental Requirements Table, Medical Category 3, and on the Transport Canada (TC) Civil Aviation Medicine Cannabis Policy (Cannabis Policy). TC's Cannabis Policy prohibits the general use of cannabis and requires a 28-day abstinence period between the consumption of cannabis and the next flight. Currently, cannabis use by pilots in general is considered unacceptable by almost all national regulatory bodies in the field of aviation. According to extensive case law, the Minister has discretionary power as to how to apply the Aeronautics Act and in the issuance of or refusal to issue an aviation document, public safety being paramount. The applicant is not ready to stop her chronic cannabis use, citing her need for medical treatment with low-dose cannabis. Taking “small” daily doses of cannabis, which may be indirectly supported by the research articles filed in evidence by the applicant cannot be considered “safe” based on the evidence.
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| APPEAL
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| DATE OF DECISION
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| MEMBERS
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| DECISION
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| REASONS FOR THE DECISION
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| OTHER/COMMENTS
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