Open Access. Powered by Scholars. Published by Universities.®
Osgoode Hall Law School of York University
Osgoode Legal Studies Research Paper Series
Canadian Charter of Rights and Freedoms, freedom of expression, copyright, Canada, Copyright Act, copyright term extension, constitutional law, intellectual property
Articles 1 - 1 of 1
Full-Text Articles in Law
Reconsidering Copyright's Constitutionality, Graham Reynolds
Reconsidering Copyright's Constitutionality, Graham Reynolds
Osgoode Legal Studies Research Paper Series
In 1996, in Compagnie Générale des Établissements Michelin – Michelin & Cie v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) (Michelin), Teitelbaum J. 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 (Charter) 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 …