Yes, a three-step test would be a helpful way to narrow the scope of an educational fair dealing. In addition, defining what education is in the context.... I know the government has made pains since day one to say that education only pertains to education in a structured environment, but we really do need a definition to that. And perhaps we could start with “educational institutions”, for which we have a definition. It's somewhere to begin to pin that down.
I also think one of the issues in fair dealing for educational purposes is how would that very broad exception relate to the more specific exceptions the government has spent a lot of time honing in the bill and that we already have in existence in the act? Would a broad fair dealing for educational purposes trump or elbow aside some of these more specific exceptions?
It seems wrong and it seems counterintuitive. These are specific situations about which the legislature has spent a great deal of time—