Can you be charged with possession if you're in an illegal overdose prevention site?

Windsor's police chief warned that you could get charged for possession of narcotics just by being in an unsanctioned overdose prevention site, but a criminal lawyer said the issue isn't so straightforward.

"In order to be found to have possession of anything, whether it's drugs or guns or illegal obscene materials, the prosecution has to prove that the person has knowledge and control," said Lakin Afolabi, who is based in London, Ont.

An unsanctioned site has popped up around the city after the death of a 17-year-old boy from an apparent opioid overdose.

According to Afolabi, you wouldn't be convicted of possession if a guest comes over to your house with cocaine.

"Youhave knowledge that he has cocaine on him," he said. "You certainly don't have control over it, you want nothing to do with the cocaine."

What police could do, according to Afolabi, is find a way to charge people who run illegal overdose prevention sites with "party to the offence of possession."

Afolabi gave the example of a getaway driver aiding bank robbersto illustrate his point.

A getaway driver may not have actively robbed the bank, but may have planned it and wanted to assist with the crime.

But even if a person is charged for an alleged crime, said Afolabi, it doesn't always mean a conviction will succeed. Prosecutorsmay choose not to pursue those charges, or a judge could dismiss them.

'It's not even worth it'

The Windsor-Essex County Health Unit is currently in the process offinalizing a feasibility study for a local supervised injection site now called a Consumption and Treatment Service (CTS) under the new PC government.

Both police chief Al Frederick and Windsormayor Drew Dilkens have expressed their opposition to such a site in the city.

'It's not even worth it': Windsor mayor won't discuss overdose prevention sites

5 years ago

Duration 0:15

Both police chief Al Frederick and Windsor mayor Drew Dilkens have expressed their opposition to a consumption and treatment service site in the city

Dilkens declined to comment on the unsanctioned site that has appeared in Windsor.

"I'm not even going to talk about that, it's not even worth it," he said.

Frederick and Dilkens have voiced concerns aboutsupervised injection sites potentially increasing crime in Windsor. However, other cities with sanctioned sites are seeing lives being saved.

In St. Catharines, a sanctioned site that opened approximately six-months-ago reversed 130 overdoses, according to Glen Walker, executive director of Positive Living Niagara.

Walker added that there have been zero increases in crime, and that clients who use the site are very cooperative.

"We always make sure that people don't loiter around, people move along," said Walker.

"We don't have drug dealers on every corner or anything like that."

Windsor's health unit is in the final stages of the feasibility study for a CTS, which involves community consultation.