Calgary woman seeking 'narrow, individual exemption' over Alberta opioid restrictions
A lawyer for a Calgary woman suing the Alberta government over regulations that would prevent her from taking a potent opioid three times a day says his client needs a narrow, individual exemption.
Ophelia Black, 21, was diagnosed with severe opioid use disorder after she became dependent on the drugs as a teen.
Black's lawsuit says she currently follows a treatment regimen that allows her to effectively manage her condition with hydromorphone and prevents her from using street-sourced opioids.
But the province's new standards require service providers to refrain from prescribing opioids for at-home use unless approved by a medical director.
Her lawyer, Avnish Nanda, argued Wednesday for an emergency injunction that would allow her to continue with her prescription while the lawsuit is being decided in the courts.
“What Miss Black is seeking is simply to continue on to access her treatment … in a manner that she receives it today,” Nanda told the court.
“In order for that to occur, what she needs under the regulation is a narrow, individual exemption.”
Black is suing the Province of Alberta under the Charter of Rights and Freedoms to put a halt to the new restrictions and to provide her with an exemption so she can continue to access the treatment as she did previously.
Black's statement of claim says she began using opioids to cope with childhood trauma and that she was regularly sexually, physically and mentally abused by older men preying on her vulnerable condition. As a result, she began suffering from suicidal ideation, depression and a range of other mental health issues.
Her claims have not been tested in court and no statement of defence has been filed.
Nanda said given the trauma and history his client has endured, she is unwilling to access the new treatment. He said under the new program, Black won't get the medication she needs when she needs it and will turn to street-source opioids to self-medicate.
“We're talking about harms … that include death, that include acquiring a variety of other illnesses associated with street … opioid use. We're talking about a return to a life of sexual exploitation, physical exploitation and all the harms she managed to escape during this treatment program 20 months ago,” Nanda said.
“In many respects, if this harm does befall Miss Black, she may not be here to continue on with her lawsuit.”
Black received approval to leave court during the hearing to receive an intravenous injection.
This report by The Canadian Press was first published March 1, 2023.
CTVNews.ca Top Stories
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Loud boom in Hamilton caused by propane tank, police say
A loud explosion was heard across Hamilton on Friday after a propane tank was accidentally destroyed and detonated at a local scrap metal yard, police say.