(rdnewsNOW/Josh Hall)

By Josh Hall | @Vancan19

OPS Closed March 31, 2025

Court case around Red Deer’s closed overdose prevention site awaits new decision

Jul 5, 2025 | 8:00 AM

We’re once again in the waiting game as it relates to the court case involving Red Deer’s former overdose prevention site (OPS).

The case returned to Red Deer Court of King’s Bench on June 26, before Justice Debbie Yungwirth, who has reserved her decision for a later date.

As rdnewsNOW reported earlier this year, that hearing was to look at a permanent injunction against the OPS’ closure; whereas the previous hearings were only looking at a temporary injunction.

The OPS eventually closed March 31 after six-and-a-half years in operation.

The current legal case revolves around three sections of the Canadian Charter of Rights — sections 7, 12 and 15, to be exact.

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Section 7 of the Canadian Charter of Rights addresses the right to life, liberty and security; Section 12 pertains to the right to not be punished by the state in a manner which is cruel and unusual; and Section 15 speaks of the right to be seen as equal before and under the law, and to receive equal protection without discrimination.

Avnish Nanda, lawyer for the case’s applicant, Aaron Brown, shared a transcript with rdnewsNOW from his cross-examination of the person who was manager of the OPS from April 2023 through March 2025, under Recovery Alberta.

In said transcript, dated May 27, 2025, Nanda tells the former manager that he had cross-examined someone else from Recovery Alberta who told him that since the OPS’ closure, one former patient of the OPS had passed away.

The former manager suggests to Nanda the number could actually be as high as four, though whether all of them were from an opioid overdose, she could not confirm.

rdnewsNOW contacted Recovery Alberta for an official position statement on the actual number, but they declined to comment while the case is before the courts.

The Alberta Substance Use Surveillance System, which would offer some context in terms of deaths month-to-month, currently only shows data through March – before the OPS closed.

Meantime, Brown, the applicant in this case, recently had a serious health scare of his own.

Following the OPS’ closure, Brown enrolled in the Narcotic Transition Service (NTS) program, and in late April, he experienced a severe overdose, as outlined in a May 2025 court filing.

In said testimony, Brown describes what led up to his overdose, saying the NTS program began him on hydromorphone, which is meant to help with withdrawal symptoms.

But because it’s closed from 7 p.m. to 7 a.m., Brown says he wasn’t getting the relief he needed in the nighttime hours, which is when he more frequently consumes opioids, as well as stimulants like crack and cocaine.

He also claims the OPS had him on track to recovery, but since its closure, he claims, a more toxic supply of drugs has been working its way around the drug-using community. His own need to self-medicate by using drugs, coupled with the NTS treatment not being available to him at all hours, led to his overdose occurring without the help the OPS could have offered if it was not shut down, he says.

“I do not want to die. I still have hopes and dreams, including reuniting with my children. I am hopeful that I can do this by overcoming my medical condition by continuing to access treatments and eventually not require drugs at all. I want to achieve sobriety, but I am just not there yet and need some more time,” Brown says in his affidavit.

“I am doing my best in the circumstances, including accessing the NTS, but I still consume street-sourced opioids to address my withdrawal symptoms. Access to supervised consumption services can ensure I can continue my recovery journey without dying of an accidental overdose.”

Nanda anticipates again having to go the appeal route once Judge Yungwirth releases her decision.

In April, Nanda appealed the decision which shut down Brown’s application for a temporary injunction, but that appeal was dismissed.

Prior, an injunction was granted to maintain the 24/7 hours at the OPS prior to its closure.

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READ MORE

• Appeal against ruling on temporary Red Deer OPS injunction dismissed
• Judge denies injunction against closure of Red Deer’s overdose prevention site
• Judge’s decision pending in overdose prevention site injunction case
• Injunction granted to maintain hours at Red Deer OPS as lawyer tries to prevent shutdown
• Red Deer city council requests the province to remove OPS and replace it with other services