Editor’s Note: This post was written as a preview of an upcoming Supreme Court of Canada decision for the Fantasy Courts website and newsletter. Photo by Austin Kehmeier on Unsplash
🕊️ On Friday, October 24, 2025, the Supreme Court of Canada will release its decision in R. v. Wilson. At issue is how far Canada’s Good Samaritan overdose protections extend. Specifically, whether police can arrest someone for simple possession at the scene of an overdose and use evidence from that arrest to support other charges.
🎯 On October 10, 2025, the SCC released its decision in Mohawk Council of Kanesatake v. Sylvestre, 2025 SCC 30. In a unanimous decision, the Court dismissed the appeal, holding that filing and serving a notice of execution interrupts Quebec’s 10-year prescription period for enforcing a judgment, even if no property is actually seized. 78% of Fantasy Courts players correctly predicted the result!
🔮 Head over to Fantasy Courts to lock in your predictions for this week’s decision, or read more about the case below. A recap of the last decision predicted follows.
Case to Predict: When Does Good Samaritan Law Bar Arrests?
Appeal by leave from R. v. Wilson, 2023 SKCA 106
What Happened?
Police in rural Saskatchewan responded to a 911 call about a fentanyl overdose. Wilson was among those who helped save the victim’s life. When officers saw signs of drug use, they arrested Wilson for simple possession, despite the Good Samaritan Drug Overdose Act, which protects people who call for help.
A search incident to arrest uncovered firearms, ammunition, and false ID documents in a truck. Wilson was convicted of related offences, but the Saskatchewan Court of Appeal overturned those convictions, finding the arrest and search unlawful under the Charter. The Crown appealed.
What Was Argued at the SCC?
Appellant: The Crown argues that Parliament’s Good Samaritan amendment was never meant to limit police powers. The law bars charges or convictions for simple possession, not arrests. Officers must still be able to act on reasonable grounds under s. 495 of the Criminal Code to seize drugs and protect the public. The Saskatchewan Court of Appeal’s decision, the Crown says, wrongly prevents police from enforcing the law at overdose scenes and undermines public safety.
Respondent: Wilson says the Good Samaritan law was designed to save lives, not invite arrests. Once immunity applies, police cannot lawfully arrest someone for an offence they can’t be charged with. Doing so defeats Parliament’s intent and discourages people from calling 911 in an overdose. The Court of Appeal, he argues, was right to hold that the arrest and search were unlawful and that true Good Samaritan protection means freedom from both charge and arrest.
What Else Should You Know Before Making a Prediction?
This case tests the boundary between public health and public safety. If the Court sides with the Appellant Crown, Good Samaritan immunity will be seen as narrow compared to broad police powers to search and arrest. If it sides with the Respondent Wilson, expect tighter Charter limits on police authority at overdose scenes. Given the Court’s recent emphasis on Charter values in search-and-seizure cases, I’m leaning towards appeal dismissed and the Court cementing Good Samaritan protections. But I also wouldn’t be surprised if the Court says it’s for Parliament and not the courts to broaden the Good Samaritan protections.
Previous Case Recap: Mohawk Council of Kanesatake v. Sylvestre
Mohawk Council of Kanesatake v. Sylvestre, 2025 SCC 30
Held (9:0): Appeal dismissed. Filing and serving a notice of execution interrupts the 10-year prescription period under the Civil Code even if no property is seized.
Key points:
- Quebec’s Civil Code and Code of Civil Procedure form a “seamless web,” and creditors who act before the deadline show the diligence the law demands.
- A notice of execution is a valid judicial application that restarts the clock.
- Suspension by a bailiff does not erase its effect.
- The decision clarifies enforcement rules for creditors and debtors alike.
📊 78% of Fantasy Courts players predicted correctly!
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-Tom Slade