Overdose Prevention Site in Lethbridge. (Lethbridge News Now)

By David Opinko / with files from The Canadian Press

Court of Appeal reserves decision on Alberta ID policy for supervised drug-use sites

Jan 27, 2022 | 4:28 PM

LETHBRIDGE, AB – Judges from Alberta’s top court have reserved a decision on a request to stop a provincial policy that personal identification must be shown to get into supervised consumption sites.

The rule, set to come into force Monday, would require people who are using drugs to show their health-care number to get access to the sites.

The Alberta Court of Appeal heard the emergency request after a judge denied an application earlier this month that, if successful, would have immediately suspended the requirement.

In his decision, Justice Paul Belzil concluded the injunction would have restricted the government’s ability to formulate addictions policy, although he said irreparable harm could occur to some “illicit drug users” as a result of the failed application.

Edmonton-based Lawyer Avnish Nanda argued on behalf of his clients, Moms Stop the Harm and the Lethbridge Overdose Prevention Society, that Belzil’s findings did not sufficiently consider substance users’ right to life.

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Earlier this month, Moms Stop the Harm told LNN that requiring government-issued identification would turn the users of illicit drugs away from this service, arguing that, because these substances are illegal, they would be worried that they would be targeted by the justice system.

“As long as we criminalize people. we create barriers to accessing services when we ask people for their information. People also have had negative experiences with the health system, where again, they’re highly stigmatized and are often poorly treated. So there is mistrust of the health system and the health care number, of course, is the link to that very system that people mistrust.”

READ MORE: Court rules against Lethbridge advocates trying to stop ID requirements for SCS services

Officials with the provinces’ Associate Ministry of Mental Health and Addictions, on the other hand, argue that the collection of personal health numbers would be the “least intrusive means of collecting health information that would not create undue barriers to clients,” while allowing them to track the outcomes of referrals from SCS providers to other social support agencies.

Lawyers representing the government have argued the identification rule will help service providers to guide people to recovery-focused supports and that guidelines afford discretion to operators.

(The Canadian Press)