The Applicant, Beaver Lake Cree Nation ("Beaver Lake") requested a sealing Order and a process for managing the sealed records, for the supporting documents to the Application (the “Restricted Court Access Application”). Jerke J. noted that while the supporting documents were not privileged, they contained confidential information shared among Beaver Lake members, crucial to their personal exercise of treaty rights. The Respondents consented to Beaver Lake's requested Order, and the parties agreed that the Order would be temporary and subject to review before the Trial.

In accordance with Rule 6.32, notice was provided to the media regarding the Restricted Court Access Application, but no media representatives attended the Application. Jerke J. emphasized that, despite all parties agreeing to the terms of the Order, the public interest in maintaining open Court proceedings must be considered. Consequently, any Application for restricted Court access must weigh the arguments and evidence presented by the parties alongside the fundamental right to Court openness.

Jerke J. outlined the criteria for limiting Court openness established in Sherman Estate v Donovan, 2021 SCC 25, requiring the Applicant to satisfy three conditions. First, the Applicant must demonstrate that Court openness poses a serious risk to an important public interest. Second, the proposed Order must be necessary to mitigate that risk, as reasonable alternative measures would not suffice. Lastly, there must be a proportionality assessment, showing that the benefits of the Order outweigh any negative impacts.

Jerke J. concluded that protecting confidential information is vital to avoid harm to the reconciliation process, which is essential for the integrity and dignity of Beaver Lake and Indigenous cultures. Furthermore, it was determined that maintaining Court openness would significantly jeopardize the public interest in fostering reconciliation and hinder meaningful consultation efforts. Finally, Jerke J. found that the proposed sealing Order, covering a limited number of documents for a specified duration and subject to future review, adequately served the public interest.

Recognizing that the benefits of safeguarding the spirit of reconciliation outweighed the drawbacks of limiting Court openness, Jerke J. granted the Application to seal the supporting documents until the Trial or until further Order of the Court.