CanLII To Intervene in Upcoming Supreme Court Fair Dealing Case

CanLII, the Canadian Legal Information Institute, has been granted intervenor status in the SOCAN v. Bell et al. case to be heard later this year at the Supreme Court of Canada.

The Court will be asked to provide guidance on the meaning of “research” as a fair dealing right under the Copyright Act.

As CanLII wrote yesterday on its blog:

"While the facts of the SOCAN case relate to online music previews and not legal research, the legal questions at issue include the meaning of 'research' as a head of fair dealing and how, in the internet age, courts should balance copyright holders’ interests with user rights. CanLII and the Federation will argue for a large and liberal interpretation of the term 'research' as set out in CCH v. Law Society of Upper Canada and in several other subsequent cases..."

(...)

"While the ability of the Federation [Federation of Law Societies of Canada] to provide free access to Canadian law through CanLII is not under immediate threat, CanLII and the Federation are concerned about the detrimental impact on access to law and justice that could flow from a narrow interpretation of 'research' and from a restrictive approach to fair dealing rights in respect of copyright material."

CanLII's factum is available online on the Federation's website. Facta submitted by the appellant and the respondents can be found on the Supreme Court of Canada website.