Law360 Canada ( October 24, 2025, 11:55 AM EDT) -- Appeal by Crown from a judgment of the Saskatchewan Court of Appeal which reversed Wilson’s convictions and entered acquittals. Wilson was with Delorme, and two other individuals, when Delorme began to overdose after using fentanyl. A member of the group called 9-1-1. Wilson and the other three remained at the scene of the overdose. When police arrived at the scene, Wilson and the other individuals were arrested for the offence of possession of a controlled substance under s. 4(1) of the Controlled Drugs and Substances Act (CDSA). Incidental to those arrests, officers searched a backpack, which Wilson admitted was his, that contained modified handguns among other things. Wilson was again arrested, this time for other offences for which he was later tried and convicted. Wilson was not charged with any offences under the CDSA. The Court of Appeal found that the first arrest was unlawful due to the immunity in s. 4.1(2) of the CDSA. It also found that Wilson’s rights under ss. 8 and 9 of the Canadian Charter of Rights and Freedoms (Charter) had been infringed and excluded the evidence found during the search. It acquitted Wilson on all charges. The Crown now appealed, seeking to restore Wilson’s convictions. It argued that police officers have lawful authority to arrest people for the offence of simple possession, and to search them incidentally to that arrest, even if those people were immune from charge and conviction for that offence because of s. 4.1(2). Wilson responded that immunity from arrest for simple possession of a controlled substance was necessarily implied by the immunity from charge and conviction....