The Supreme Court of Canada has upheld the decision to clear a man who was arrested at the scene of a drug overdose, stating that he was protected under a law designed to prevent substance-related fatalities.
In a 6-3 ruling on Friday, the highest court affirmed that Paul Eric Wilson’s arrest in Saskatchewan five years ago infringed upon his Charter rights due to the shielding 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, aims to prevent overdose deaths by granting immunity to individuals seeking emergency medical or police assistance. Those individuals cannot be prosecuted for simple drug possession if evidence is discovered while seeking help or remaining at the emergency scene.
Wilson was in Vanscoy, Sask., in September 2020 with three companions when one of them overdosed on fentanyl. A 911 call was made, and an RCMP officer responded. Wilson was initially arrested for drug possession and subsequently arrested a second time after a search. Although he faced firearm and identity document charges, he was not charged with any drug offenses.
In 2023, the Saskatchewan Court of Appeal overturned Wilson’s convictions, ruling that he could not be charged with simple drug possession under the Good Samaritan provision, rendering his initial arrest unlawful. The Supreme Court upheld this decision on Friday.
Justice Andromache Karakatsanis, writing for the majority, emphasized that the immunity from charge and conviction for simple possession outlined in the Good Samaritan provision includes immunity from arrest for that offense to fulfill the provision’s life-saving purpose. Any interpretation allowing arrests for possession and subsequent searches would deter individuals from seeking emergency help during life-threatening overdose situations, contrary to Parliament’s intent.
Karakatsanis contended that Wilson’s arrest was unlawful and violated his Charter rights, leading to the exclusion of evidence obtained post-arrest. The Vancouver-based Pivot Legal Society and the John Howard Society of Saskatchewan, interveners in the case, praised the decision, highlighting its significance amid ongoing drug-related challenges.
The ruling provides clear guidance to law enforcement, emphasizing the importance of prioritizing medical assistance over punitive measures when responding to overdose incidents. The decision underscores the critical role of harm reduction and the Good Samaritan law in saving lives and promoting public health.
