Let me give you an example. I'll try to do it briefly.
If you had education in the first allowable instances for fair dealing and you had a teacher in a classroom who wanted to make use of two pages of a particular book or a page of a particular book for a particular class of 20 students, and there's only that one page of that book, if it were for education purposes then it would pass the first test of the two-step test. The second test is whether it is fair, and there are six standards to look at with respect to whether it is fair.
If it is one page out of one book for one class, one time only, to be studied because of a statement by an author, and it's for education and learning purposes in that classroom to get a point across, will it be fair? Compare this with a professor who in the same instance, for education purposes, wants to copy five chapters out of a book to share with a class. Perhaps in that instance it would not be fair, because it would still have to pass that second test.
I would suggest that if education were in the first step, when you have two different circumstances, one that would be fair and one that would not be fair, it wouldn't pass the second test.