Case information

Charter of Rights and Freedoms — Search and seizure — Arbitrary detention — Good Samaritan law — Police responding to 911 call reporting an overdose and arresting accused for simple possession of a controlled substance at the scene of the overdose — Police conducting search incident to arrest and discovering evidence of firearms offences and false identity offences — Whether police had authority to arrest accused for simple possession of a controlled substance — Whether arrest and search were unlawful and in violation of Charter of Rights and Freedoms?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Section 4.1(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, provides that no person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of the offence of simple possession of a controlled substance if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene of the medical emergency. Mr. Wilson was with three other people when one overdosed on fentanyl and one of them called 911. Police responding to the 911 call arrested Mr. Wilson for simple possession of a controlled substance at the scene of the overdose. Police conducted a search of the group’s truck and, in a green backpack, discovered modified handguns, parts for firearms, ammunition and identification papers. Later at a police station, Mr. Wilson admitted he was the owner of the green backpack, the guns and the ammunition. He admitted that the identification papers did not belong to him. Mr. Wilson was charged with possession of identity documents, fraudulent impersonation and a number of firearms offences. He was not charged with possession of a controlled substance. The trial judge dismissed an application for a declaration that the evidence should excluded for breaches of ss. 8 and 9 of the Charter of Rights and Freedoms and admitted the evidence. Mr. Wilson was convicted of firearms offences. The Court of Appeal allowed an appeal and entered acquittals on all counts.