A judge has denied an injunction that would have kept supervised drug consumption sites in Calgary and Lethbridge open while Alberta's top court considers whether the closure of a similar site in Red Deer violated a drug user's Charter rights.
Calgary Court of King's Bench Justice Jason Wilkins rejected the application by Travis Peddie, a local drug user who sought to block the province's decision to close the two sites at the end of this month.
Peddie, who suffers from substance use disorders and regularly uses both facilities, had requested the injunction pending a ruling from the Alberta Court of Appeal in a related case.
In his decision, Wilkins noted that Peddie has a physical and psychological compulsion to consume opioids and stimulants, and that he has self-medicated with illegal street drugs. The judge acknowledged that access to the consumption service centres has mitigated some of the harms Peddie experiences.
However, Wilkins stated he was bound by previous court rulings. Last year, a similar injunction application failed to keep a Red Deer site open. In August, Justice Debra Yungwirth denied Aaron Brown's application arguing that the Red Deer closure violated his Charter rights. Additionally, Justice Christopher Richards had earlier denied an injunction to keep the Red Deer site open, and the Court of Appeal upheld that decision.
Peddie's lawyer, Avnish Nanda, argued that the Calgary and Lethbridge sites should remain open until the Alberta Court of Appeal issues its final decision on the matter. But Wilkins concluded that the issue has effectively been decided by Alberta courts.
The ruling means the Calgary and Lethbridge sites will close as scheduled, pending further legal developments.
