It's difficult for me to talk about policy issues. I must stay away from them. But on the issue of clarity, there is one provision in the act, the fair dealing provision, that has to give flexibility to the courts, because it is not possible for legislators to define all circumstances in which fair dealing would apply. The choice that has been selected in our legislation in the past is to leave that issue to the courts, providing the general broad heading of fair dealing for the specific purposes. The courts then have determined whether the use is being made for one of the five fair dealing purposes, and if so, is it fair. The Supreme Court of Canada has identified the six factors to be considered in determining what's fair.
On December 6th, 2010. See this statement in context.