Arguments for an injunction were heard in Red Deer's Court of King's Bench on Friday to determine whether the local overdose prevention site can stay open until a challenge to prevent its permanent closure goes to court in June.
The overdose prevention site (OPS) is currently scheduled to close March 31, and Justice Christopher Rickards will release his decision on the injunction next week.
Last fall, the province announced the OPS would close in spring 2025 following a motion passed by Red Deer city council requesting to transition the drug consumption site to instead implement options focused on health, wellness and recovery.
In November 2024, lawyer Avnish Nanda filed a bid to keep the OPS open on behalf of Aaron Brown, a Red Deer OPS client with opioid use disorder, arguing it would violate Brown's charter rights.
On Friday, Nanda told the court his client has often been a frequent OPS client in recent years. The service has helped stabilize his life and reduced the risk of serious harm, including death.
The OPS has about 600 active clients.
"I cannot perceive of a greater harm than death. That is what's at stake for Mr. Brown and others in the 15 weeks," Nanda said about the period between the scheduled shutdown of the OPS on March 31 and the June 26 court challenge.
Nate Gartke, the lawyer representing the Alberta government, told the court there is no evidence that the OPS is Brown's only option to manage his opioid use disorder. Brown also receives methadone, so there is at least one other treatment he uses.
"Really, the only evidence before you is the appellant's self-diagnosis," Gartke said.
Since October 2018, the Red Deer OPS has been operating at a temporary site in an ATCO trailer in the parking lot next to the Safe Harbour detox building.
When the province cut operational hours at the OPS in half on Jan. 2, 2025 to wind down the service, Nanda challenged the reduction of hours and an injunction to maintain the OPS as a daily, 24-hour service was granted.
