Bibliographic record
Abstract
In 1996, in Compagnie Générale des Établissements Michelin – Michelin & Cie v National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) [Michelin], Justice Teitelbaum of the Federal Court (Trial Division) held both that specific provisions of the Copyright Act did not infringe the right to freedom of expression as protected under the Canadian Charter of Rights and Freedoms and that, even if they did, these provisions could be justified under s 1 of the Charter. Since Michelin, these conclusions have been treated by Canadian courts as settled. The purpose of this paper is to challenge these conclusions by subjecting certain core provisions of the Copyright Act to Charter scrutiny. I will do so in reliance on one case study, namely copyright term extension. I will argue that the use of copyrighted works in the context of this case study constitutes protectable expression, and that core provisions of Canada’s Copyright Act infringe the Charter right to freedom of expression in purpose and effect. As well, I will argue—drawing in particular from the SCC’s decision in Saskatchewan (Human Rights Commission) v Whatcott—that these provisions might not be justified under s 1. Lastly, I will address the remedies that might be granted by a court should it conclude that provisions of the Copyright Act unjustifiably infringe s 2(b) of the Charter. Ultimately, I will demonstrate that there are serious questions to be answered with respect to whether provisions of Canada’s Copyright Act unjustifiably infringe the Charter right to freedom of expression. It is time for Canadian courts to move past Michelin and to reconsider copyright’s constitutionality.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.026 | 0.038 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.003 | 0.002 |
| Science and technology studies | 0.016 | 0.070 |
| Scholarly communication | 0.020 | 0.022 |
| Open science | 0.004 | 0.009 |
| Research integrity | 0.019 | 0.017 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".