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
CFIA monitoring for avian flu in Canadian dairy cattle after U.S. discoveries
The Canadian Food Inspection Agency is encouraging veterinarians to keep an eye out for signs of avian influenza in dairy cattle following recent discoveries of cases of the disease in U.S. cow herds.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
'It could be catastrophic': Woman says natural supplement contained hidden painkiller drug
A Manitoba woman thought she found a miracle natural supplement, but said a hidden ingredient wreaked havoc on her health.
DEVELOPING G7 warns of new sanctions against Iran as world reacts to apparent Israeli drone attack
Group of Seven foreign ministers warned of new sanctions against Iran on Friday for its drone and missile attack on Israel, and urged both sides to avoid an escalation of the conflict.
After hearing thousands of last words, this hospital chaplain has advice for the living
Hospital chaplain J.S. Park opens up about death, grief and hearing thousands of last words, and shares his advice for the living.
Vancouver firefighter in rehab at home after losing leg to flesh-eating infection overseas
A family trip took a frightening turn for Christopher Won when he was diagnosed with flesh-eating disease while in Hong Kong and now, after weeks of treatment overseas, the Vancouver firefighter is back home recovering.
WATCH Video shows dramatic police takedown of carjacking suspects chased through parking lot north of Toronto
Police have released video footage of a dramatic takedown of a group of teens wanted in connection with an attempted carjacking in Markham earlier this month.
WHO likely to issue wider alert on contaminated cough syrup
The World Health Organization is likely to issue a wider warning about contaminated Johnson and Johnson-made children's cough syrup found in Nigeria last week, it said in an email.
Advocacy groups speak out against domestic violence comments by Nova Scotia minister
Several Nova Scotia groups that assist women are speaking out against comments on domestic violence by Justice Minister Brad Johns, and at least one is calling for his dismissal.