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 (CBC) 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 CBC. The Honourable Mr. Justice N.G. Gabrielson, the judge who presided over the 2015 court case, presided over this application also.
This brief of law was submitted by Sean M. Sinclair on behalf of
The Globe and Mail and the CBC (the Applicants) to support the request to gain access to the 2015 court files. In this brief, Sinclair argues why the Applicants should be provided access to these files. The application was originally set for August 23, 2021 and subsequently adjourned to September 8, 2021.
The brief include the following sections:
I. INTRODUCTION
II. ISSUES
III. ANALYSIS: The Applicants should be provided access to the Court File.
IV. CONCLUSION
V. INDEX TO TABS