This was a Charter application advanced by Originating Application, challenging Alberta’s discontinuation of supervised consumption services in Red Deer and seeking declaratory and injunctive relief. The primary procedural question was whether the matter could be determined summarily given the evidentiary record that had been filed.

The Court applied Rule 3.2, which requires an action to be commenced by statement of claim unless there is no substantial factual dispute. Justice Yungwirth confirmed that even where factual disputes are minimal, originating applications are subject to judicial management discretion on process and scope. Relying on recent authorities, Yungwirth J. noted that Alberta courts have effectively harmonized the originating application process with the summary judgment framework. The test set out in Hryniak v Mauldin, 2014 SCC 7 and Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49, governs whether the record permits a fair, efficient, and proportionate disposition without a full trial, and this test applies to originating applications.

On the record before it, which included Briefs, Affidavits, and Questioning transcripts, the Court found that the parties had fully presented their positions and neither side objected to a final determination. The Court held that it was able to resolve the Charter application in a fair and proportionate manner through the Originating Application process rather than by directing the matter to proceed by Statement of Claim. The Court then decided the constitutional issues on the merits and dismissed the requested relief.