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Provinces challenge the Copyright Board of Canada’s ability to set a tariff to be paid for the copying of literary works by government employees

Fasken
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In this case, the governments of the provinces of Manitoba, Nova Scotia, Prince Edward Island, and Saskatchewan challenged the Copyright Board of Canada’s ability to set a tariff to be paid for the copying of literary works by government employees. The provinces argued that there is a longstanding presumption in law that the Crown is not bound by statutes, including the Copyright Act, if it is not specifically mentioned. They argued that this presumption prevents the Copyright Board from setting a tariff that applies to them. The Federal Court of Appeal dismissed the governments’ application, finding that the wording of the Copyright Act implicitly binds the Crown. Fasken Martineau was counsel to the provinces, with a team that included Aidan O’Neill and Ariel Thomas.

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