Saskatchewan Court of Appeal overturns conviction for man who responded to overdose

Saskatchewan's top court has overturned the conviction of a man sent to jail for weapons possession after it found his rights were violated under a federal law that prevents someone from being arrested for drug possession while reporting an overdose.

Saskatchewan's top court has overturned the conviction of a man sent to jail for weapons possession after it found his rights were violated under a federal law that prevents someone from being arrested for drug possession while reporting an overdose.

Paul Wilson was sentenced to eight years in jail after police found him in possession of modified handguns, firearm parts and ammunition while responding to a 911 call that someone he was with was overdosing on fentanyl.

The Good Samaritan Drug Overdose Act prevents police from charging individuals who seek help for themselves or for someone else experiencing an overdose with drug possession if substances are found in the area.

An RCMP officer found what was believed to be crystal methamphetamine outside the truck Wilson was travelling in and arrested him, along with two others, for drug possession.

Later, after searching the vehicle, officers rearrested Wilson when they found weapons and drug trafficking paraphernalia.

Judges with the Court of Appeal determined Wilson's arrest was unlawful because it went against provisions set out in the Good Samaritan Drug Overdose Act.

"Because Mr. Wilson could not be charged with simple possession of a controlled substance, his first arrest was unlawful. This means that his rights were violated by the search that was incidental to it," Saskatchewan Court of Appeal Justice Robert Leurer wrote in a Sept. 8 decision.