It would still be the law. The courts in Canada and the Copyright Board have made it clear that they feel bound by the decision of the Supreme Court of Canada, and nobody seems to be suggesting that decision was wrong with respect to those six factors.
I think you have an opportunity to say you think that's right too. You don't have to do it—you would keep the current state of affairs—but if what you want is more certainty, then I think you would be missing an opportunity to provide that certainty by not importing that very clear and relatively uncontroversial language into the text of the act.