Avnish Nanda said he was disappointed the country’s highest court rejected the case. “It’s unfortunate on many levels,” Nanda told CBC News on Thursday. “Note my words, we will see an increase in overdose deaths in Alberta.” Plaintiffs Moms Stop the Harm and Lethbridge Overdose Prevention Society are suing the Alberta government over a new rule that went into effect in early February that requires supervised consumer health personnel to request provincial health care numbers. The policy states that services are still provided if the client refuses to provide personal information or does not have a healthcare card. Mike Ellis, Alberta’s deputy minister of mental health and addiction, welcomed Thursday’s ruling in a written statement referring to the “activist organizations” that launched the lawsuit. “While activists have argued that the use of supervised consumer services would decline as soon as the requirement came into force, this is not what we saw,” Ellis said in a statement. He said the average daily number of unique customers at a supervised Calgary grocery store rose 12 percent in the first month after the health card card requirement was implemented Feb. 1. “These quality standards will improve community safety in areas around supervised consumption areas, improve the quality of services provided to addicts, and ensure that customers are better connected to the healthcare system,” Ellis added.

A full court hearing can be years away

Nanda said a full hearing may not be held for two or three years, which led to the request for an interim injunction. The claim was rejected by the Court of Queen’s Bench Justice and subsequently by the Alberta Court of Appeal. Alberta courts have ruled that, although deaths may occur as a result of avoiding supervised consumption sites due to the recognition requirement, the extent of the damage could not be determined and therefore did not meet the limit for precautionary measures. “One of the things we have asked the Supreme Court of Canada to address is the test for precautionary measures against the government in Alberta,” Nanda said. “I believe there have been three requests in the last three years from the court to clarify this law, because the Court of Appeal is constantly coming with different frameworks.” Lawyer Avnish Nanda is disappointed that the Supreme Court has rejected his application. (Sam Martin / CBC)
Alberta recorded the deadliest year on record in 2021 for drug overdose with 1,758 deaths. Nanda fears that the Supreme Court’s reluctance to hear the case will contribute to an increasing number of deaths. “This wave of overdose deaths will continue to rise,” Nanda said. “It has not peaked and certainly will not peak due to the policies of this government. “We will see overdose death rates rise in the coming months and will be a direct result of policies like this.”