E128| Are you smarter than a Supreme Court judge? Some might expect you to be.
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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?
- Saskatchewan Court of Appeal (2023 SKCA 106)
- Good Samaritan Drug Overdose Act video
- S.O.S.
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