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

U.S. assassination attempt charges 'confirm' Trudeau's claims about India had 'real substance,' former national security advisers say
The indictment of an Indian national for the attempted assassination of a Sikh separatist and dual U.S.-Canadian national 'validates' Prime Minister Justin Trudeau's allegations that the Indian government may have been involved in the killing of a Canadian citizen as having 'real substance,' according to two of Canada's former national security advisers.
7.6 magnitude earthquake strikes off the southern Philippines and a tsunami warning is issued
A powerful earthquake with a preliminary magnitude of 7.6 struck Saturday off the cost of the southern Philippines island of Mindanao and Philippine authorities issued a tsunami warning.
Search for runaway kangaroo in Ontario continues
The search continues for the kangaroo that is hopping around somewhere in Ontario after it escaped zoo handlers from a transport truck Thursday night.
Crombie leading after first round of voting for Ontario Liberal leader
Voting for the new leader of the Ontario Liberal Party is going to a second round, with Mississauga Mayor Bonnie Crombie leading after the first tally.
'Big, dark canvas of despair': Rick Hansen speaks on how his mindset changed after being paralyzed
Rick Hansen's life changed the day he was told he'd never walk again, but instead of letting his disability stand in his way, he became an advocate for accessibility rights and a Paralympic Athlete. Here's how that happened.
'Every tool at our disposal': Lawyers submit amended application to challenge Sask. pronoun legislation
LGBTQ2S+ advocates are not backing down in their legal fight against the Sask. Party’s Parents’ Bill of Rights, submitting an amended application against the legislation on Friday evening.
Amid housing crisis, decrepit N.L. jail seen as preferable to living on the street
Michael Keough has to pause in the middle of his phone call from Newfoundland and Labrador's largest jail to cough and wipe his eyes -- there's black mould on the wall where the phones are, he explains, and it irritates him after a while.
Israeli offensive shifts to crowded southern Gaza, driving up death toll despite evacuation orders
Israel pounded targets in the crowded southern half of the Gaza Strip on Saturday and ordered more neighborhoods designated for attack to evacuate, driving up the death toll even as the United States and others urged it to do more to protect Gaza civilians a day after a truce collapsed.
Protester critically injured after setting self on fire outside Israeli consulate in Atlanta
A protester was in critical condition Friday after setting themself on fire outside the Israeli consulate in Atlanta, authorities said. A security guard who tried to intervene was also injured.