Good Samaritan drug law reducing fear about dialing 911, says local advocate
The protection only extends to drug possession and release condition offences
Legal protections for people who witness an overdose and call 911 are helping to decrease fear and stigma, says a local harm reduction advocate.
Alberta police and health authorities issued a public reminder this week about the Good Samaritan Drug Overdose Act.
The federal legislation, which came into effect in 2017, offers limited amnesty to a person who calls 911 to report an overdose, whether or not they remain at the scene when emergency responders arrive.
Shelby Young, founder of Edmonton-based Indigo Harm Reduction, said the change has been "wonderful."
"I've personally lost a friend who OD'd on the streets of Edmonton and was just left there," Young said in an interview Tuesday. "It's nice to see that they have taken steps, when this act was created, to ensure that people feel safe and that somebody isn't going to die just because people were scared about their own safety."
The act protects the reporters from drug possession offences, as well as from the consequences of breaching bail or probation conditions related to possessing a controlled substance.
The amnesty extends to anyone else who is at the location where the overdose took place when help arrives.
Codey Gibbons, a drug user who said he has witnessed eight overdoses, was glad to learn about the legal protection.
Gibbons said when he's with someone who overdoses, he calls 911, administers naloxone by injection, then leaves before first responders arrive.
"After I give Narcan, and the paramedics are on their way, I get someone else to look after them," said Gibbons, sitting at a table during lunch hour at Boyle Street Community Services.
He said he usually "takes off" because he's on bail, and is not sure if remaining at the scene would result in him being arrested.
Though he uses methamphetamine, Gibbons keeps Narcan in the place where he stays at night, in case he needs to help someone.
Across the room at a different table, Corrina Paul said she also hadn't heard about the Good Samaritan Act. Paul said she doesn't touch hard drugs but often sees people overdosing and it scares her.
"Honestly, I've actually never heard about that. I thought if you were to call the police if somebody had an overdose, you would get charged as well," she said.
Paul thinks it would be helpful if more people were educated about the act, and about how to respond to an overdose.
No legal protection is offered to the reporter against more serious offences, such as drug production or trafficking charges, or other crimes.
Young said the questions about how the act works are among the most common queries her organization gets while doing community outreach.
Indigo offers on-site services at nightlife events and festivals, providing education and outreach, as well as a safe space for people who need to "de-escalate" if they've taken too much of a drug, or ingested something unfamiliar. The organization also helps with community training in using naloxone — a substance that temporarily reverses the effects of opioid overdoses.
Young said that teaching people about the act helps them stand up to police officers who aren't familiar with the rules. She said she's heard about many cases of officers "hassling" people carrying a naloxone kit, asking them why they have it.
"It's also empowering people to know their rights when they are calling in help for an overdose. I think it's really discouraging that that message has to be trickled down through police departments as well," she said.
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Young, who describes herself as an advocate for drug policy reform, said she thinks expanding the protection to other offences beyond possession, such as drug dealing, would be a good thing.
"I think when it comes to big production, that's a different story," she said.
In its news release, the RCMP encourage people to stay with a person who is overdosing, offering whatever assistance they can, including naloxone.
The reminder comes just days ahead of International Overdose Awareness Day, on Aug. 31. Awareness events are being held worldwide, including in Edmonton. On Friday, Streetworks Edmonton is hosting an educational event on the Alberta legislature grounds, which will include training on administering naloxone. On Saturday, Moms Stop the Harm is hosting a candlelight vigil in Victoria Park.
The High Level Bridge will be lit in purple on Saturday to mark the day.