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In this episode, Mike discusses the Supreme Court of Canada decision R. v. Wilson, 2025 SCC 32 where police arrested people present at a drug overdose after someone called 9-1-1 for emergency medical assistance. A search incident to arrest revealed modified handguns, firearm parts and ammunition inside a nearby vehicle. Was the arrest lawful? Or did the amendments made to the CDSA under the Good Samaritan Drug Overdose Act exempt a person present at the overdose not only from a charge or conviction for simple possession — as the text expressly provides — but also from arrest? If the arrest was unlawful, what should happen to the evidence?
Thanks for listening! Feedback welcome at [email protected]
By LIIPProvide your feedback here. Anonymously send me a text message.
In this episode, Mike discusses the Supreme Court of Canada decision R. v. Wilson, 2025 SCC 32 where police arrested people present at a drug overdose after someone called 9-1-1 for emergency medical assistance. A search incident to arrest revealed modified handguns, firearm parts and ammunition inside a nearby vehicle. Was the arrest lawful? Or did the amendments made to the CDSA under the Good Samaritan Drug Overdose Act exempt a person present at the overdose not only from a charge or conviction for simple possession — as the text expressly provides — but also from arrest? If the arrest was unlawful, what should happen to the evidence?
Thanks for listening! Feedback welcome at [email protected]

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