CILP applies for Leave to Intervene in the K-12 Fair Dealing Case

UPDATE: The Court granted CILP’s motion for leave to intervene (as well as all other motions).

Last Tuesday the Centre for Innovation Law and Policy (CILP) filed a motion for leave to intervene in the K-12 fair dealing case before the Supreme Court of Canada.  The motion was filed after the deadline of September 12, 2011, along with a request for an extension of time to do so, mainly on the basis that CILP had assumed that the proposed academic interveners, particularly the Association of Universities and Colleges of Canada (AUCC), would adequately represent the interests of the university community and would address all the essential aspects of fair dealing. However, having examined the leave to intervene motion records that were filed on September 12, 2011, CILP reluctantly concluded that the materials fail to raise certain essential arguments and, in addition, raise other arguments and issues that are unnecessary and potentially distracting.

The main question in this appeal is the meaning of fair dealing in education, and as I wrote in the affidavit to support the application, this is

clearly the most important copyright case for research, education and learning to ever face this Court, or any other highest court of any comparable jurisdiction.

The Supreme Court has not decided yet whether to grant the leave.  You can read the entire affidavit, as well as the Memorandum that it supports below.

Here’s the affidavit:


And here’s the Memorandum:


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