Court grants woman interim injunction for exemption from Alberta opioid restrictions
Without the exemption, Calgary woman would suffer irreparable harm, judge says
A judge granted an interim injunction to a Calgary woman Thursday that allows her to continue taking a potent opioid three times a day.
Ophelia Black, 22, was diagnosed with severe opioid use disorder after she became dependent on the drug as a teen.
She had asked for an exemption in her lawsuit against the Alberta government over new standards that require service providers to refrain from prescribing opioids for at-home use unless approved by a medical director.
Black's lawsuit says she currently follows a treatment regimen that allows her to effectively manage her condition with hydromorphone instead of using street-sourced opioids such as fentanyl. She picks up the drugs at a pharmacy, crushes them and then injects it.
"Ophelia Black is addicted to opioids. Her addiction has nearly killed her several times. I am satisfied that this is an appropriate case in which to grant an interim injunction," said Justice Colin Feasby in his ruling.
"The evidence at this stage of the litigation shows that Miss Black has a strong position that her constitutional rights have been infringed, that she would suffer irreparable harm, and it is clear that the balance of convenience weighs in her favour."
Feasby said the injunction will remain in effect until her lawsuit over Alberta's new standards is resolved in court. He directed that Black's service providers be allowed to provide her with the treatment that she requires.
"It merely permits her service providers to treat her in the interim period without the limitations imposed by the regulations, standards and policies," he said.
Black is suing the province 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.
Her 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 other mental health issues.
Alberta government lawyer Nate Gartke had argued that other options are available for Black and that she is making an active decision not to take the government treatment even though it's safer.
"I think it's largely a devil-you-know than the devil-you-don't situation," Gartke said Wednesday.
"It's probably safer to crash and inject something you know than crashing and injecting something that is unknown."
Gartke said Alberta Health Services is willing to help her gain access.
Her claims have not been tested in court and no statement of defence has been filed.
Black wasn't in court for the decision Thursday but said in an interview Wednesday that the treatment she is receiving is working.
"One thing doctors look for in recovery is that shift of mindset where the person starts to care about their life and they start to care about their safety and they start to pick up healthier habits," she said.
"Those are all things that I have experienced since beginning this treatment."