By AdvocateDaily.com Staff

Although a new law that exempts individuals who seek emergency assistance following a drug overdose from simple possession charges is laudable, it may not be enough to encourage more people to remain at the scene, Toronto criminal lawyer Melanie Webb writes in The Lawyer’s Daily.

As Webb, founder and principal of the firm Melanie J. Webb Barrister, explains, the Good Samaritan Drug Overdose Act was passed in May, amending the Controlled Drugs and Substances Act (CDSA). The new law exempts persons seeking emergency medical or police assistance for themselves or another person from simple possession charges, or charges resulting from the violation of conditions such as bail or probation that relate to a possession offence.

However, she writes, it is limited to only simple possession-related offences and does not allow for any “immunity” for other more serious offences such as drug trafficking, weapons offences, or outstanding warrants, or protect against common breaches of bail conditions.

“Aside from the fact that those types of breaches are incredibly difficult to defend, as any criminal lawyer knows, the going tariff for breaches is generally a jail sentence upon conviction. And given the significant difference in consequences between simple possession and ‘possession for the purpose of trafficking,’ one could be forgiven for harbouring some doubts as to whether this new protection will be sufficient to encourage more people to report and seek medical attention for overdoses and remain at the scene until emergency responders to arrive,” says Webb.

She notes that, prior to the enactment of this legislation, many police officers undoubtedly exercised their discretion not to lay charges against a “Good Samaritan” who reported an incident.

“At the time of the consideration of this legislation, it was apparently the practice of one police department in the country not to attend an overdose unless requested by emergency services or unless there was a safety issue,” she writes.

“But then, of course, there are many other cases across the country that have resulted in charges and possible convictions as a result of police attending the call and investigating the circumstances,” adds Webb.

The point, she says, is that “a witness to the overdose who happens to be a fellow drug user, or someone who may face any other number of charges for whatever reason, may well have good reason to fear criminal consequences upon reporting an overdose victim.”

While awareness of the new law is not yet widespread and there has been at least one report of police “incorrectly” charging a person with drug possession, Webb says this type of mistake can be avoided through proper police training.

However, she says, “gaining the trust of people who have had prior contacts with the criminal justice system, let alone people suffering from addiction and other vulnerable persons, is another matter.

“Limiting immunity from prosecution in these cases to only simple possession-related offences is unlikely to do that. A layperson, not to mention someone who may already be under the influence of an intoxicant, has little time to analyze the situation and decide whether or not they’ll be ‘in the clear’ or whether they will be at risk of further prosecution,” writes Webb.

Ultimately, she says, although the legislation is “better than nothing,” only time will tell whether or not it will have the desired effect of encouraging the reporting of overdoses.

Source:https://www.advocatedaily.com/melanie-webb-exemptions-to-charges