Travis Peddie outside the shuttered safe injection site in Calgary, April 2.Todd Korol/The Globe and Mail
An Alberta judge has dismissed an injunction application to halt the closing of supervised drug-use sites in Calgary and Lethbridge, effectively clearing the path for the provincial government to shutter the life-saving services at the end of this month.
Travis Peddie, a 41-year-old father, filed his legal challenge against the Alberta government in April. Mr. Peddie, a former user of the sites in Calgary and Lethbridge, alleged the closings will put people at increased risk of harm.
Court of King’s Bench Justice Jason Wilkins, on Tuesday, concluded that he cannot render his own judgment on the application as he is bound to a previous court decision.
“I have determined the issues before me require no fresh analysis,” said Judge Wilkins. “While not strictly res judicata [a matter judged], this issue has been effectively decided by the courts of the province already.”
Last August, his colleague, Justice Debra Yungwirth, dismissed a legal challenge to keep a Red Deer drug-use site open. The plaintiffs in both cases, Mr. Peddie in Calgary and Aaron Brown in Red Deer, have argued that the closings breach Charter-protected rights.
Judge Yungwirth said Mr. Brown was unable to prove that his rights had been violated. She also concluded that the government does not have a constitutional obligation to fund specific health services.
Mr. Brown’s case, which began in 2024, is currently under appeal.
Judge Wilkins said the issues in the two cases are “the same in all of the ways that matter. I find nothing significant to distinguish this case from the Brown matter.”
“When the Court of Appeal renders this decision, it is likely dispositive of the issues before me.”
Mr. Peddie argued that Alberta is breaching three Charter rights: the right to life, liberty and security of the person; the right not to be subjected to any cruel and unusual treatment or punishment; and the right to equal benefit and protection under the law.
The Tuesday decision is the latest blow to efforts across Alberta to keep these services open. The United Conservative government has significantly reduced access to supervised drug-using sites, where individuals can use substances under medical supervision, since coming to power in 2019.
Avnish Nanda, who represents Mr. Peddie, said he plans to file an appeal soon, and is hopeful that the higher court can hear the case before the month ends.
“We’re going to try to proceed with an immediate appeal, so that this service can continue and people can continue to access life-saving care,” Mr. Nanda said, acknowledging that “everything seems to hinge” on Red Deer.
These harm reduction services have become highly politicized across Canada.
In Ontario, for example, the Progressive Conservative government has cut funding or banned nearly every drug-use site in the province from operating. Premier Doug Ford has labelled them a “failed experiment” and claims they enable addiction, similar to arguments made by the Alberta government.
At odds are two opposing views. Advocates for drug-use sites argue they are a critical resources to address the drug poisoning crisis, which killed more than 1,400 people in Alberta alone last year. Whereas critics argue the facilities degrade public safety and facilitate drug use.
Only a handful of sites will remain, in Edmonton and Grande Prairie, after the scheduled closings on June 30 in Calgary and Lethbridge. The Alberta government has said that funding for the Calgary site will be reinvested into addiction treatment, outreach teams, detox and other recovery supports.
Mr. Nanda said Mr. Peddie is devastated by Tuesday’s outcome because of how it will impact people who rely on the site for safety.
There were 9,247 visits to Calgary’s Safeworks site, with 385 unique individuals, in the final quarter of 2025, according to the latest provincial data. Staff handled 185 adverse drug reactions that quarter. There have been no deaths on site since it opened in 2017.
The office of Rick Wilson, Alberta’s Minister of Mental Health and Addictions, did not respond to a request for comment on Tuesday.