this post was submitted on 14 Sep 2023
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This is the best summary I could come up with:
Saskatchewan Court of Appeal Justice Robert Leurer was faced with a central question when considering whether to throw out Paul Eric Wilson's conviction.
In overturning Wilson's eight-year sentence, Leurer referred to the six-year-old Good Samaritan Act, which protects people from conviction if they're charged as a result of seeking assistance for, or having remained at the scene with, someone suffering from a medical emergency.
Leurer notes officers from the Warman RCMP detachment were responding to Wilson's call reporting a drug overdose.
Leurer ruling said Wilson's overarching argument was that the search leading to the incriminating items and the subsequent charges was incidental to the first "prohibited" arrest.
Pierre Hawkins, legal counsel for John Howard Society, led the charge as an intervenor in Wilson's case.
"We see this as the court sending a strong message to both police forces about arresting people in these situations and about training officers in those cases," Hawkins said.
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