SCC Court File No: 39222 IN THE SUPREME COURT OF CANADA

Substantive Error: Did the courts below err by failing to apply the fairness factors from the student’s perspective in light of the educational purpose of the dealings? CIPPIC argues for a purpose interpretation of fair dealing from the perspective of the ultimate beneficiary of the dealing at issue. [...] In keeping with the modern approach to statutory constructions, the words of section 29 of the Act should be interpreted “in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.”3 6. [...] The Supremacy Clause dictates that the constitutional guarantee of freedom of expression "is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.”18 The law of copyright ought, then, to be interpreted in a manner consistent with the values that underlie freedom of expression, and this Cour. [...] The approach of both courts below to the purpose of the dealing also has the effect of stripping universities of their role as incubators of authors and innovation. [...] By reducing the role of students to commercial actors, and the objectives of York University to economic ones, the courts below neglected the larger benefits to society that universities provide and the resonance of these benefits with Charter values and the objects of copyright law itself.