"The Law Doesn't Protect Me": Examining the Effectiveness of Good Samaritan Drug Overdose Legislation

Background: Amid an unprecedented overdose crisis in Canada, the federal government passed the Good Samaritan Drug Overdose Act, which provides immunity from simple drug possession charges to overdose witnesses who phone 911. The law was meant to address the barriers posed by police presence and to...

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Bibliographic Details
Published in:Substance use & misuse 2022-07, Vol.57 (9), p.1392-1399
Main Authors: van der Meulen, Emily, Chu, Sandra Ka Hon
Format: Article
Language:English
Subjects:
Bystanders
Canada
Communitybased research
Drug overdose
Drugs
Emergency first responders
Federal government
Focus groups
Good samaritans
Help seeking behavior
Immunity
Law enforcement
Legislation
Negative experiences
Overdoses
Participatory research
Police
Rescue workers
Safeguards
Witnesses
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Summary:Background: Amid an unprecedented overdose crisis in Canada, the federal government passed the Good Samaritan Drug Overdose Act, which provides immunity from simple drug possession charges to overdose witnesses who phone 911. The law was meant to address the barriers posed by police presence and to encourage bystanders to seek emergency supports. Objectives: Our goal was to examine the effectiveness of the Good Samaritan law from the perspective of people who use drugs. We wanted to find out how aware they were of the law's protections and limitations, if first responders were adhering to the legislation, and if it ultimately had an impact on bystanders' helpseeking behaviors. Methods: We engaged a participatory research process that included surveys and focus groups with 109 people who use drugs in Ontario, Canada. This article focuses on the qualitative findings from focus group with 40 individuals in three cities. Results: Our results reveal that people who use drugs are confused about the law's safeguards, and based on their negative experiences with police, do not trust police to uphold the letter or spirit of the legislation. As a result, many engage in strategies to avoid contact with law enforcement. Conclusions/Importance: Greater knowledge of the law is beneficial, but even with such knowledge, mistrust of police and fear of criminal charges continue to deter people from calling 911. Good Samaritan laws would be more effective if they included a broader range of protections beyond simple possession and if police did not routinely attend overdoses.
ISSN:1082-6084
1532-2491
DOI:10.1080/10826084.2022.2083173