Man who called 911 to report overdose of another person has weapons possession charges thrown out
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.
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. “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.
Wilson denied the substance was his, but did present a case that contained syringes and other drug paraphernalia.
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