Canlii Seeks Intervenor Status in SOCAN v. Bell et al.

Canlii, along with the Federation of Law Societies of Canada, filed a joint motion on Monday with the Supreme Court of Canada, seeking intervenor status in a copyright case, SOCAN v. Bell et al., to be heard in December 2011. The Court will be deciding the meaning of the word “research” and the issue of whether an offer made to a consumer to “preview” music constitutes fair dealing for the purpose of research within the meaning of s.29 of the Copyright Act.

Though SOCAN v. Bell is about online music previews and not legal research directly, Canlii seeks to participate because the legal issues 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. Ultimately, if permitted, Canlii will promote the “large and liberal” interpretation of the word “research” as decided in CCH v. Law Soceity of Upper Canada.

“Citizens have an unambiguous entitlement to free and unencumbered access to the laws of the land.  This entitlement is protected in Canada in part through the Supreme Court’s 2004 ruling in CCH and in subsequent decisions relying on CCH.”