The Canadian Supreme Court issued the long-awaited Tariff 22 decision this morning. The court allowed the appeal, overturning a Federal Court decision to impose liability on ISPs for caching of content. The case also has a key jurisdictional element as the court ruled that there may be liability under Canadian copyright law at both the country where the music was transmitted as well as where it was received. The bottom line — the ISPs are big winners as they have had their position as an intermediary strongly affirmed by the court. When combined with another Supreme Court decision from earlier this year (CCH), the Canadian Supreme Court has made it very clear that ISPs should not be held responsible for copyright holders claims of infringement where they act as conduits for the transmission of data. There are three other key elements to the case. First, the court addresses the issue of Internet jurisdiction and rightly concludes that Canadian law may extend outside the country in certain circumstances. Second, it raises the prospect for a notice and takedown system, suggesting that the government should consider establishing rules around this issue. Third, one judge dives into the peer-to-peer file sharing case, expressing significant concern over the prospect for monitoring end users downloading habits and cautioning that copyright law should be interpreted with full respect for privacy rights. see: CAIP v. SOCAN also see: ISPs Free From Paying Royalties for Downloads
Supreme Court Issues Tariff 22 Decision
June 30, 2004
Tags: supreme court / Tariff 22Copyright Microsite - Music IndustryCopyright ColumnsCopyright Microsite - Canadian Copyright
Share this post

Law Bytes
Episode 241: Scott Benzie on How Government Policy Eroded Big Tech Support for Canadian Culture
byMichael Geist

July 21, 2025
Michael Geist
June 30, 2025
Michael Geist
June 23, 2025
Michael Geist
Search Results placeholder
Recent Posts
The Law Bytes Podcast, Episode 241: Scott Benzie on How Government Policy Has Eroded Big Tech Support for Canadian Culture
What Is the Canadian Government Doing With Its Incoherent Approach to TikTok?
The Law Bytes Podcast, Episode 240: Dean Beeby on Why Canada’s Language Laws May Stop Government From Posting Access to Information Records Online
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support