The 2015 court case, Fontaine v Saskatchewan (Attorney General), 205 SKQB 220, absolved the Corporation of Catholic Entities Party to the Indian Residential School Settlement’s (CCEPIRSS), from all obligations under the 2006 Indian Residential School Settlement Agreement (IRSSA). The files from the court case had not been sealed nor had they been placed under a publication ban. At the same time, they had not been made available to the public. In summer 2021, The Globe and Mail and the Canadian Broadcasting Corporation thus submitted a formal court application to the Court of Queen’s Bench for Saskatchewan requesting access to the files. The application was brought by Sean M. Sinclair, counsel for the Globe and Mail and the Canadian Broadcasting Corporation (CBC).

The Honourable Mr. Justice N.G. Gabrielson, who had presided over the 2015 court case, presided over this application also. In this fiat, he responds to Sinclair’s application, namely "an application to the court for an order seeking abridgment of the time for service of this matter and an order granting the applicants access to the file QB 816 of 2005, Judicial Centre of Regina".

At this time, James S. Ehmann, Q.C. was counsel for the Catholic Archdiocese of Regina. The counsel for the Attorney General of Canada was Karen M. Jones from the Federal Department of Justice – Saskatoon and Eve Coppinger from the Federal Department of Justice -- Edmonton. David Milstead observed on behalf of The Globe and Mail from Toronto.

Counsel for the Attorney General of Canada and the Catholic Archdiocese of Regina did not oppose the application, but Mr. Ehmann noted that he could not speak on behalf of other organizations previously part of the Corporation of Catholic Entities Party to the Indian Residential Schools Settlement Agreement (CCEPIRSS).

Justice Gabrielson questioned counsel on several points. The matter was then adjourned to September 8, 2021 to allow for further research. In the interim, counsel was granted limited access to the court file QB 816 of 2005 to identify specific records of interest.