Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41977
James Porat v. His Majesty the King
(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) |
|---|---|---|
| 2026-01-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-01-12 | Submission of motion to extend time to file and/ or serve the leave application, Ka Kas Mor | |
| 2025-10-20 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-10-20, (Printed version filed on 2025-10-20) | James Porat |
| 2025-10-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-10-09) | His Majesty the King |
| 2025-10-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-09, (Printed version filed on 2025-10-09) | His Majesty the King |
| 2025-09-12 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2025-09-15, (Printed version filed on 2025-09-15) | James Porat |
| 2025-09-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED; | |
| 2025-09-12 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2025-09-15) | James Porat |
| 2025-09-12 | Application for leave to appeal, (Book Form), Completed on: 2025-09-15, (Printed version filed on 2025-09-15) | James Porat |
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 |
|---|---|---|
| Porat, James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Porat, James
Counsel
Moose Jaw, Saskatchewan
S6H 7W6
Telephone: (306) 631-3133
Email: nidesh@sasktel.net
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 Street Regina, SK S4P 4B3
Regina,, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: aaron.fritzler@gov.sk.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Proof of alcohol concentration in blood — Breathalyzer — Certificate of analyst — Pursuant to s. 320.32(2) of Criminal Code, no certificate of an analyst shall be received in evidence unless the party intending to produce it has given reasonable notice — Whether the trial judge committed an error of law in the interpretation and application of s. 320.32 — Whether the Court of Appeal erred by not granting leave to appeal?
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.
On an agreed statement of facts, Mr. Porat was tried in Provincial Court of Saskatchewan for having a blood concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood within two hours after ceasing to operate a conveyance. Crown counsel gave notice seven days before trial of intent to rely on a Certificate of Analyst. Defence counsel submitted that a minimum of sixty-one days of notice was required. The Provincial Court of Saskatchewan held seven days of notice was sufficient. Mr. Porat was convicted. The Court of King’s Bench for Saskatchewan dismissed a summary conviction appeal. The Court of Appeal denied leave to appeal.
Lower court rulings
Court of King's Bench for Saskatchewan
CRM-YT-00019-2022
Summary conviction appeal dismissed
Court of Appeal for Saskatchewan
CACR3777
Leave to appeal denied
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