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What is the Good Samaritan Drug Overdose Act?

Every second counts during an overdose. However, the fear of being arrested or prosecuted still prevents too many people from calling for help. To address this issue, the Canadian government passed the Good Samaritan Drug Overdose Act in 2017. Its goal? To encourage witnesses to call 911 without fear of legal consequences. 

How does this law work?

The Good Samaritan Act provides legal protection to individuals who:

  • Call emergency services (911) to report an overdose,
  • Stay on-site to assist the victim,
  • Are experiencing an overdose themselves.

 

Thanks to this law, these individuals cannot be charged for:

  • Simple possession of illegal drugs,
  • Breaching court conditions related to drug possession (bail, probation, parole, etc.).

 

However, the law does not protect against:

  • Outstanding arrest warrants,
  • Drug trafficking or production,
  • Other serious offences not covered by the law.

A legal protection under threat? 

On September 10, 2020, in Saskatchewan, Cheryl Delorme suffered a fentanyl overdose. Paul Wilson and others at the scene immediately called 911 and administered first aid. However, when the police arrived, Mr. Wilson and others were arrested for drug possession. These arrests led to searches and additional charges, including drug trafficking.

This case raises a crucial question: Does the Good Samaritan Drug Overdose Act truly protect overdose witnesses from being arrested for simple drug possession? The case was brought before the Supreme Court of Canada in January 2025 to clarify this legal interpretation. The court’s decision is highly anticipated.

Why is this law important?

Canada is facing a severe overdose crisis, largely driven by potent synthetic opioids like fentanyl,with which many other illegally sold substances are contaminated.

Each year, thousands of lives could be saved if witnesses did not hesitate to call for help. By reducing the fear of legal repercussions, this law promotes fast and effective intervention, increasing the chances of survival for overdose victims.

 

What to do in case of an overdose?

If you witness an overdose:

  • Call 911 immediately.
  • Administer naloxone if available (naloxone kits are available for free at many pharmacies and community organizations).
  • Perform rescue breathing while waiting for emergency services.
  • Stay calm and reassure the victim.

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