Pubdate: Sat, 06 Aug 2016
Source: Hamilton Spectator (CN ON)
Copyright: 2016 The Hamilton Spectator
Contact:  http://www.thespec.com/
Details: http://www.mapinc.org/media/181
Author: Molly Hayes
Page: A1

WOULD A 'GOOD SAMARITAN' LAW HAVE SAVED HIS FRIEND?

Dashminder Deol was too scared to call 911 over fears of facing
criminal charges

IF DASHMINDER DEOL had just called an ambulance, might Harmanjit Singh
still be alive?

It is impossible to say whether paramedics would have been able to
save 19-year-old Singh from a fentanyl and cocaine overdose in October
2014 - but it is worth questioning why Deol chose not to call 911 when
his friend was in trouble. Because he is not alone. A 2012 study by
the Waterloo Region Crime Prevention Council found that fewer than
half of respondents would call 911 in an overdose situation, citing
potential criminal charges - and fear of the justice system - as a
major barrier.

With opioid overdose deaths on the rise across Canada, "Good
Samaritan" overdose legislation (Bill C-224) is working its way
through Parliament - so far with unanimous support - and would provide
immunity from possession charges to anyone who calls 911 in the case
of an overdose emergency.

"Sometimes, for people who are actively using opioids … they may be
getting them illegally. There is a criminal element, potentially, that
makes people feel more vulnerable," says Debbie Bang, manager of
addiction services at St. Joseph's Healthcare Hamilton.

Though Deol's case is certainly complex - for example, phone records
show he attempted to pawn his dead friend's silver necklace - his
lawyer says fear of criminal charges was absolutely a factor in his
failure to call 911.

Deol, 38, who pleaded guilty to indignity to human remains in the
death, hauled the body away using a vehicle on loan from a friend.

The body was found in Stoney Creek.

Deol admits to a long struggle with addictions. It was his fentanyl
(prescribed for chronic pain) that Singh had been taking that night.

It is a "difficult position" to be in, says defence lawyer Harpreet
Saini - "Hypothetically, if Dash had made that call, would police not
have charged him?"

The proposed legislation would protect callers from drug possession
charges but not trafficking charges.

It's blurry territory given that, under the Controlled Drugs and
Substances Act's definition, trafficking includes "giving" someone
drugs.

It's not a "silver bullet" solution, agrees B.C. Liberal MP Ron
McKinnon, who pitched the private member's bill, but he hopes it's a
start.

"This will save lives - there is a rising tide of deaths due to
overdoses. Certainly, the wave of deaths due to fentanyl is
devastating," McKinnon says. "If we can do anything to stem that tide,
we must do so. This is the perfect opportunity to do that."

He gives an example of kids at a party, experimenting with drugs and
afraid of getting in trouble when things go awry: "When, omigod,
things go sideways, what do we do? They go back and forth, and time is
life in a situation like this."

Michael Parkinson, who works with the Waterloo Region Crime Prevention
Council and the Municipal Drug Strategies Coordinator's Network of
Ontario, agrees.

"An opioid overdose is a medical emergency where seconds really do
matter," he says.

"It's the difference between a lifetime of brain damage or not. It's
the difference between death and life. And an opioid victim cannot
save themselves. They are absolutely dependent on a Good Samaritan."

Good Samaritan legislation laws exist widely across the
U.S.

A study in Washington State - which passed Good Samaritan overdose
legislation in 2010 - found that almost 90 per cent of respondents who
were aware of the law would make the call.

Both Parkinson and Bang hope to see similar results here, though they
stress community outreach is needed alongside legislation to ensure
people truly feel safe asking for help.

"It will be successful if it is backed up by significant education and
training for law enforcement agencies, community agencies and for
people who are at risk of opioid overdose," Parkinson says.

"But the legislation is likely to flop without those kinds of
supports."
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