Twenty years ago today the Supreme Court of Canada released CCH Canadian v. Law Society of Upper Canada, a decision that stands as perhaps the most consequential in Canadian copyright law history as it would firmly establish fair dealing as a users right and serve as the foundation for copyright law in Canada for decades to come. Leading off the hearing several months earlier for the Law Society was Scott Joliffe, an IP litigator with the law firm Gowlings. Joliffe was charged with arguing the fair dealing aspects of the case, but it was only at last moment that users right entered the picture. To mark its 20th anniversary, Joliffe joins the Law Bytes podcast to talk about the CCH case, his strategy and insights from the hearing, and his thoughts on its impact many years later.
Recent Posts
From CCH to ChatGPT: How Canadian Copyright Law Played the Key Role in Deciding a Leading AI Training Data Case in India 
Starting Over: Court Filing Confirms the CRTC’s Streamer Contribution Decisions Are Dead With a Full Online Streaming Act Reset to Come 
The Name on the Window Was Enough: The Attacks on Kiva’s and the Normalization of Antisemitic Violence in Canada 
The Law Bytes Podcast, Episode 277: Kate Robertson on the Risks That Lie Behind Canada’s Unexpected Signing of the UN Cybercrime Convention 
A Surveillance Treaty in Disguise: The Trouble With Canada’s Quiet Decision to Sign the UN Cybercrime Convention
