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.”