Good Samaritan Overdose Act says anyone who seeks emergency assistance for an overdose can\u0027t be charged or convicted of simple drug possession.
Wilson was convicted of weapons-related charges in provincial court and sentenced to eight years in prison, less time served on remand., Justice Robert Leurer said because Wilson couldn’t be charged with simple possession under the act, his first arrest was unlawful, meaning his Charter rights were violated by the incidental search.
“I am also satisfied that the admission of the evidence obtained because of the unlawful search would, in the circumstances of this case, bring the administration of justice into disrepute. Without that evidence, the Crown has no case against Mr. Wilson,” he wrote.dmitting evidence in this case that was obtained through the search would undermine the act and would “create the spectre of risk to human life in future cases,” the decision adds.which became law in Canada in 2017, anyone who seeks assistance because they or someone else is having a medical emergency can’t be charged or convicted of a simple possession offence if the evidence supporting the charge was obtained or discovered as a result of them seeking help or remaining at the scene.Article content Wilson’s lawyer for the appeal, Thomas Hynes, called this a strong decision on whether police can arrest someone for simple possession at the scene of an overdose.The public’s perception and knowledge of the decision will be another “important piece of the harm reduction puzzle,” he added. “People should, hopefully, take some comfort then, if they’re on the scene of an overdose and are staying there that the police shouldn’t be arresting them for just simple possession charges.” Protection under the act doesn’t include outstanding warrants, nor is it “absolute immunity” from everything at a drug overdose scene, Hynes noted.The John Howard Society of Saskatchewan was an intervener in the appeal. Pierre Hawkins, its lawyer, said the message from the court is the legislation is serious and if police act contrary to it, the court will act to uphold legislation and will throw out evidence. Hawkins said the Crown argued that just because someone can’t be charged and convicted of simple possession in connection with an overdose call, it didn’t mean they couldn’t be arrested and subsequently searched.Article content “We were there to make the point to the court that if drug users know they can be arrested and searched, then the legislation can’t work. In order for the legislation to work, drug users have to know that they can trust the protection of the legislation,” Hawkins said. He said they also shared with the court the perspective of people recently released from custody, who are at very high risk of overdose and for whom trust in the legislation is especially important. Wilson said he wants people to call 911 when someone has an overdose, because his brother died recently and no one called until after he died. “It makes no sense. And nobody was even charged in that case, and I was sitting there doing eight years for saving somebody’s life and calling,” Wilson said.
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