Case information
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41942
Brayden Wright v. His Majesty the King, et al.
(Saskatchewan) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-01-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-01-08 | Judgment on leave sent to the parties | |
| 2026-01-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR3741, 2025 SKCA 52, dated May 21, 2025, is dismissed. Dismissed |
|
| 2025-11-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-09-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-09-29, (Printed version filed on 2025-09-29) | Brayden Wright |
| 2025-09-18 |
Certificate (on limitations to public access), (Letter Form), Form 23A , (Printed version filed on 2025-09-22) |
Attorney General of Saskatchewan |
| 2025-09-18 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-09-18, (Printed version filed on 2025-09-22) | Attorney General of Saskatchewan |
| 2025-08-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-08-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-20) | Brayden Wright |
| 2025-08-19 | Application for leave to appeal, (Book Form), Completed on: 2025-08-20, (Printed version filed on 2025-08-20) | Brayden Wright |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Wright, Brayden | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
| Attorney General of Saskatchewan | Respondent | Active |
Counsel
Party: Wright, Brayden
Counsel
300 - 135 21st Street East
Saskatoon, Saskatchewan
S7K 0B4
Telephone: (306) 665-8829
FAX: (306) 665-5519
Email: yxe.jag2@shaw.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
300 - 1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: pouria.tabrizireardigan@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Saskatchewan
Counsel
Constitutional Law Branch
820 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-9111
FAX: (306) 787-8385
Email: katherine.roy@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charter of Rights and Freedoms — Search and seizure — Roadside breath demand —Whether majority of Court of Appeal erred by finding that s. 1 of the Charter saves search and seizure power authorised by s. 320.27(2) of Criminal Code which permits demands to provide breath samples at the side of the road in the absence of reasonable suspicion?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Wright stopped at a lawful police check stop while driving a vehicle. A police officer demanded that he provide a breath sample into an approved screening device. Mr. Wright failed the roadside test, was arrested, failed a breathalyser test and was charged for operating a conveyance with a blood alcohol concentration exceeding 80 mg of alcohol in 100 mL of blood. Mr. Wright challenged the constitutionality of s. 320.27(2) of the Criminal Code¸ the provision that authorised the demand to perform a roadside screening test. Bauer P.C.J. dismissed the motion and convicted Mr. Wright. The Court of King’s Bench dismissed a summary conviction appeal. A majority of the Court of Appeal dismissed an appeal.
Lower court rulings
Provincial Court of Saskatchewan
Dismissal of motion challenging constitutionality of s. 320.27(2) of the Criminal Code; Conviction for operating a conveyance with blood alcohol concentration exceeding 80 mg alcohol in 100 mL of blood
Summary conviction appeal dismissed
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available