Copyright Proceedings

Crown not Immune from Tariffs in the Copyright Act
The Governments of the Provinces of Manitoba et al v. The Canadian Copyright Licensing Agency

The governments of a number of provinces sought judicial review of a decision of the Copyright Board of Canada dismissing their objection that the Board has no jurisdiction to establish a tariff regarding reprographic reproduction of copyrighted works in the repertoire of Access Copyright. The Court of Appeal dismissed the application.

Access Copyright filed proposed tariffs with the Board. The Applicants argued that the presumption of Crown immunity applies to them and thus, the Copyright Act does not bind them with respect to the tariffs. The Board dismissed this challenge and the Applicants sought judicial review in the within decision. The Court of Appeal considered the caselaw and the Interpretation Act and held that, to rebut the Interpretation Act, there must be clear Parliamentary intention to bind the Crown. The Court of Appeal held that, despite there not being an “expressly binding” clause at the beginning of the Copyright Act, other clauses within the Act point to only one logical and plausible conclusion: that Parliament intended the Crown to be bound by the Act

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Authors

Beverley Moore 
BMoore@blg.com
613.369.4784

Chantal Saunders 
CSaunders@blg.com
613.369.4783

Adrian J. Howard 
AJHoward@blg.com
613.787.3557

Expertise

Intellectual Property
Copyright