It's been suggested that the three-step test be incorporated into the law to provide some guidance.
We agree with Professor Pina D'Agostino; when she appeared before this committee she said that would just bring more ambiguity. And we agree with Professor Geist, who said the six fairness tests set out by the Supreme Court in the 2004 CCH decision would provide far more clarity.
In any event, Canada is already subject to the three-step test as a result of our being a signatory to international agreements, such as the TRIPS agreement under the World Trade Organization.