February 3, 2026
Why are we posting an article about a criminal law case when criminal law is one of the few areas of practice we do not feature on behalf of our clients?
Simply because criminal law can affect all of us, so keeping up with important developments is important.
The recent Supreme Court of Canada decision in R. v. Wilson may affect any of us when we least expect it.
So, we thought you might want to be aware of it.
A LITTLE BACKGROUND
Drug abuse is a terrible thing. Drug overdoses are worse. Any of us can have friends or family members faced by these challenges.
For that reason. Canada introduced a “Good Samaritan Law.” This consists of a 2017 amendment to the Controlled Drugs and Substances Act which prohibits police from conducting a search or seizure or arrest if they are called in response to an overdose. This is called a Good Samaritan Law because the person making the call is seldom the unfortunate drug user. It is usually a friend or family member, or even a bystander. The purpose of the law is to encourage everybody to be a good Samaritan and seek help for those in crisis.
This is significant even if you have no drugs in your possession. Possession may be alleged against a tenant, homeowner, the operator of a motor vehicle, or pretty much anybody else present where drugs are found. Some police officers are very over aggressive about who they charge. It could even be you. So, this protection is not just for criminals.
THE CASE
The heart of the issue in Wilson was whether or not the prohibition against search and seizure applied only to drugs, or whether it extended, in that case, to an illegal firearm (and other charges). Of course, if the search and seizure was illegal, there can be no illegal firearm conviction.
Hopefully, you won’t find yourself in an illegal firearms situation, but just how certain are you on what your friends or family may have in their homes (or in Wilson, a vehicle?).
So, even though we care about the safety of the first responders (that is why the police attend in the first place), the SCC decided that it is not fair to charge a Good Samaritan who possesses an illegal firearm.
The key here is not whether or not the police can secure the firearm for safety’s sake.
The case turns on the precise provisions of the law. To be a valid search and seizure without a warrant, the individual needs to be under arrest.
So, the issue before the Court was whether the arrest prohibition in the Good Samaritan law meant that the individual was not under arrest when the police found the firearm. That would make for an illegal search.
As the Court explains:
The immunity from charge and conviction for simple possession explicitly mentioned in s. 4.1(2) of the CDSA includes, by necessary implication, immunity from arrest for that offence. This interpretation best serves the clear purpose of the provision: to save lives.
(emphasis added)
The judgment also states that: “our law has never permitted arrest purely for the purposes of investigation and tightly circumscribes the power to arrest and the power to search incidentally to arrest.”
An arrest is not a thing any of us want to have to go through unnecessarily.
TAKEAWAYS
- Everybody should be aware of the Good Samaritan Law.
- The simplest most straightforward interpretation of the Good Samaritan Law is the best way to ensure that we won’t be afraid to seek help to prevent overdose deaths.
- Don’t be afraid to call 911.
- Even innocent people need protection from the law at times.
WHAT WEILERS LLP CAN DO TO HELP YOU
One of the special things about Weilers LLP is that we enjoy taking on challenging and novel arguments and fighting the good fight, whether or not we are always successful. We think we are successful more often than the odds might predict. We also think we have an excellent winning record, but sometimes we are just as proud of our losses that reflect a tough fight and an issue that was important to our client.
We admire and appreciate our colleagues who take on difficult and at times unpopular criminal law cases, in doing so, they protect all of our rights.
Although we do not practice criminal law, we are always happy to refer you to our favourite lawyers who do. Because the best criminal lawyers often pick and choose cases, a referral from us might help you jump the queue.
WE DO take on other important cases to defend our clients rights. The Charter of Rights and Freedoms does not only apply to criminal law. It is there to protect your rights and freedoms from any unwarranted government intervention. This extends into a wide variety of areas of law that we practice. If you need a lawyer who enjoys a good scrap, give us a call. We might be the right lawyers for you.