The scope of the police’s power of arrest is an important issue to all people as it entails a violation of people’s individual liberty and autonomy. Thus, the extent of this power and purposes the police can exercise this power for must be carefully circumscribed. In R v. Wilson, the Supreme Court of Canada addressed the extent of the police’s power to arrest in determining whether a statutory immunity from being charged or convicted for the offence of possession of a controlled substance in specific circumstances included immunity from being arrested for that offence.
Legislative Background
In response to a national public health crisis of opioid-related overdoses and deaths, Parliament enacted the Good Samaritan Drug Overdose Act (the “GSDOA”) in 2017. This act added s. 4.1 to the Controlled Drugs and Substances Act (the “CDSA”). This section, specifically s. 4.1(2), provides immunity to individuals who call for help for, or remain at the scene of, a drug overdose from “being charged or convicted” for possession of a controlled substance.