Published In
(2016) 41:2 Queen’s Law Journal 455-500
Document Type
Article
Publication Date
2016
Subjects
Statutory Interpretation, Supreme Court of Canada, Copyright
Abstract
In its post-2002 copyright jurisprudence, the Supreme Court of Canada has clarified that the Copyright Act grants a significant degree of latitude to non-copyright owning parties to express themselves using copyrighted works. This outcome is attributable neither to the SCC having interpreted provisions of the Copyright Act according to Charter values nor to the SCC having weighed provisions of the Copyright Act against the section 2(b) right to freedom of expression. Rather, it has resulted from the SCC interpreting provisions of the Copyright Act through the lens of the purpose of copyright, as re-articulated by the SCC. The author argues that despite the positive outcomes for the expression interests of non-copyright owning parties that have thus far resulted from the SCC’s post-2002 copyright jurisprudence, relying on statutory interpretation as the sole mechanism through which to protect freedom of expression fails to adequately protect this Charter right in the context of copyright. In order to ensure that this right is adequately protected, the SCC should, where appropriate, explicitly engage with the Charter right to freedom of expression in the context of copyright.
Citation Details
Graham Reynolds, “The Limits of Statutory Interpretation: Towards Explicit Engagement, by the Supreme Court of Canada, with the Charter Right to Freedom of Expression in the Context of Copyright” (2016) 41:2 Queen's LJ 455.
Comments
Reprinted with permission.