Good Samaritan Policies

What are Good Samaritan policies?

Good Samaritan policies protect people who intervene in the event of an emergency from institutional or legal sanctions. Good Samaritan policies encourage individuals to help others when they can, and remove the fear of legal repercussions should something go wrong.

Ontario’s Good Samaritan Act protects rescuers from any liability should they attempt to help a victim who is experiencing a medical emergency. In 2017, the Canadian Government extended Good Samaritan laws to include protections for people on the scene of illicit drug overdoses.

The Good Samaritan Drug Overdose Act 

The Good Samaritan Drug Overdose Act provides some legal protection for people who experience or witness an overdose and call 911 or their local emergency number for help (Government of Canada, 2019).

The Act can protect you from:

• Charges for possession of a controlled substance (i.e. drugs) under section 4(1) of the Controlled Drugs and Substances Act

• Breach of conditions regarding simple possession of controlled substances (i.e. drugs) in:

  • Pre-trial release

  • Probation orders

  • Conditional sentences

  • Parole

The Good Samaritan Drug Overdose Act applies to anyone seeking emergency support during an overdose, including the person experiencing an overdose. The Act protects the person who seeks help, whether they stay or leave from the overdose scene before help arrives. The Act also protects anyone else who is at the scene when help arrives (Government of Canada, 2019).

The Act does not provide legal protection against Offences that are considered more serious, such as:

• Outstanding warrants

• Production and trafficking of controlled substances

• All other crimes not outlined within the Act (Government of Canada, 2019)

Note that some marginalized and heavily-policed community members may not feel fully protected by the Act. When calling 911 in the event of a possible overdose, people who use drugs may prefer that you tell responders that someone is “unconscious,” rather than that they have used drugs. This is because it prompts paramedics to respond to the overdose, rather than police. However, it is important to notify operators on the phone if you have administered naloxone.

Save a Life

Calling 911 and staying at the scene of an overdose is critical to saving the life of the person experiencing an overdose.

Witnesses should:

• Call for emergency help

• Be prepared by carrying naloxone and use it if you suspect an opioid overdose

• Provide first aid if necessary, including rescue breathing and CPR until emergency help arrives

• Stay calm and reassure the person that help is on the way

• If you have to leave to get help, put the person in the recovery position

Tell others about the Good Samaritan Drug Overdose Act.

References

Government of Canada. (2019). About the Good Samaritan Drug Overdose Act. Retrieved from https://www.canada.ca/en/health-canada/services/substance-use/problematic-prescription-drug-use/opioids/about-good-samaritan-drug-overdose-act.html