The Supreme Court of Canada has upheld the exoneration of an individual who was apprehended at the site of a drug overdose, citing his protection under legislation designed to decrease the incidence of substance-related fatalities.
In a 6-3 ruling issued on Friday, the highest court affirmed that the arrest of Paul Eric Wilson in Saskatchewan five years ago constituted a serious violation of his Charter rights due to the sheltering effect of the Good Samaritan Drug Overdose Act.
Enacted in 2017, the Good Samaritan law, an amendment to the broader Controlled Drugs and Substances Act, was introduced by Parliament to prevent deaths from overdoses. According to the provision, individuals seeking emergency medical or police aid cannot face charges or convictions for simple drug possession if such evidence was uncovered because they sought help or remained at the emergency scene.
Wilson was accompanying three associates in Vanscoy, Sask., in September 2020 when one of them became unconscious after using fentanyl. Vanscoy is situated approximately 25 kilometers southwest of Saskatoon.
Upon a group member dialing 911, an RCMP officer responded to the scene. Wilson was initially arrested for drug possession and subsequently detained again following a search. Although no drug-related charges were filed against Wilson, he was later found guilty of multiple firearm and identity document offenses.
In a 2023 ruling, the Saskatchewan Court of Appeal overturned Wilson’s convictions and acquitted him, determining that due to the Good Samaritan provision, he could not be prosecuted for simple possession of a controlled substance, thereby rendering his initial arrest unlawful.
In its recent judgment, the Supreme Court upheld the decision of the Court of Appeal. Pierre Hawkins, a public legal counsel at the John Howard Society of Saskatchewan, which intervened in the case, praised the ruling, emphasizing that it conveys a clear message to drug users to prioritize seeking assistance without fear of arrest.
Justice Andromache Karakatsanis, writing for the majority of the Supreme Court, highlighted that the immunity from prosecution and conviction for simple possession explicitly outlined in the Good Samaritan provision inherently extends to immunity from arrest for that offense. Karakatsanis stressed that arresting individuals for possession in overdose situations would deter them from seeking urgent aid, a scenario inconsistent with Parliament’s intent.
The Vancouver-based Pivot Legal Society, another participant in the Supreme Court proceedings, also welcomed the decision, emphasizing its significance amid ongoing drug-related policies.
The ruling provides law enforcement with a definitive directive when responding to overdose emergencies, advocating for the immediate administration of naloxone, a medication utilized to counteract overdoses, rather than resorting to arrests, Hawkins added.