Court to hear urgent appeal on Alberta ID policy for supervised drug-use sites
Alberta's top court will hear an urgent appeal by harm reduction advocates who want to stop a provincial policy that requires supervised drug-use clients to identify themselves.
The rule, set to come into place on Jan. 31, requires people who are using substances to show their personal health-care number to access the sites.
Moms Stop the Harm and the Lethbridge Overdose Prevention Society, which are the two non-profit societies challenging the Alberta government, argue this could increase barriers to drug-use sites and increase the risk of overdose.
The Alberta Court of Appeal is to hear the appeal Jan. 27.
Earlier this month, an Alberta judge dismissed an injunction that would have delayed the implementation of the new rules.
In his decision, Justice Paul Belzil said the injunction would have restricted Alberta's ability to formulate addictions policy.
However, Belzil also concluded “irreparable harm will occur to some illicit drug users” as a result of the failed application.
Edmonton-based lawyer Avnish Nanda, who is representing the plaintiffs, said a major error in the court's findings is that it did not sufficiently weigh substance users' right to life.
Nanda said he was "without hope" the appeal would be heard but the rare, and speedy, decision for re-examination has invigorated his clients to continue their fight.
"In the normal course, it would take months - upwards of six months at times - to find a court date for an appeal hearing to happen," said Nanda. "It gives new life to our attempt to stop what both experts and the chamber justice recognized (could) cost human harms to substance users."
Identification requirements are just one part of the United Conservative government's new regulations for existing and future supervised drug-use sites.
It also obliges service providers to develop "good neighbour agreements" to support community integration and to maintain robust records on clients, adverse reactions to substance use and referrals to treatment.
If operators do not meet the standards, they will be unable to receive provincial funding.
The non-profit societies filed a lawsuit against the Alberta government in August, saying its new rules will have life-and-death consequences as overdose fatalities reach record highs.
Almost 1,400 people have died from substance-related overdoses between January and October 2021 - a 26 per cent increase from the time period the year prior.
The statement of claim also alleges the province's rules frustrate a framework set by Ottawa to streamline applications for and operation of the sites. None of the allegations has been proven in court.
The Alberta government did not return requests for comment.
In an affidavit from Kenton Puttick, who works in the ministry of mental health and addictions, he said asking clients for their personal health number would help service providers transition people into recovery-focused supports.
During cross-examination, Puttick said clients would not be refused access to supervised consumption sites if they do not have or refuse to obtain a health-care number.
This report by The Canadian Press was first published Jan. 18, 2022.
CTVNews.ca Top Stories
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
U.S. paused bomb shipment to Israel to signal concerns over Rafah invasion, official says
The U.S. paused a shipment of bombs to Israel last week over concerns that Israel was approaching a decision on launching a full-scale assault on the southern Gaza city of Rafah against the wishes of the U.S.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.