Harm reduction advocates hope high court will ‘clarify’ Canada’s ‘Good Samaritan’ law

In a small rural town in Saskatchewan, a dramatic incident unfolded outside an elementary school in the fall of 2020. Paul Wilson and three others found themselves in a harrowing situation when a woman they were with suffered a fentanyl overdose. Acting quickly, they parked their truck and dialed 911 for help.

When the police arrived at the scene, paramedics were already attending to the woman. However, what started as a life-saving effort took a surprising turn when a Mountie detected the smell of marijuana coming from the vehicle. Upon closer inspection, a bag resembling crystal meth was discovered near the driver’s side door. Wilson was promptly arrested for drug possession, and a subsequent search uncovered a bag containing guns, false identity documents, and what appeared to be drugs.

Fast forward to 2022, Wilson found himself facing multiple gun charges. However, a significant development occurred when the Saskatchewan Court of Appeal ruled that the drug possession arrest was unlawful under Canada’s Good Samaritan law. This law is designed to protect individuals from arrest when seeking help for someone in a medical emergency, such as an overdose.

The case has now made its way to the Supreme Court of Canada, where the legality of police actions during drug overdoses will be examined. Advocates for harm reduction are closely following this case, as it has the potential to shape the future of the Good Samaritan law. Lawyer DJ Larkin, representing the Canadian Drug Policy Coalition, emphasized the importance of clarifying the law’s public health purpose and ensuring that individuals understand the protections it offers.

The upcoming hearing will delve into the powers of law enforcement to make arrests at the scene of a drug overdose and whether the Good Samaritan Drug Overdose Act effectively outlines these powers. The outcome of this case will have far-reaching implications for individuals who find themselves in similar situations and must decide whether to call for help.

Harm reduction advocates, including the Harm Reduction Nurses Association and the Association of Addiction Workers of Quebec, are intervening in the case to provide insight into the potential consequences of a lack of clarity in the law. They stress the importance of ensuring that individuals feel safe to call 911 during an overdose without fear of arrest.

As the Supreme Court prepares to weigh in on this complex legal issue, the hope is that their decision will serve as a guide for courts nationwide. By providing clarity on the powers of police during overdose situations, the court has the opportunity to prevent harm and save lives in communities across the country.