There is fair dealing currently in the act--you are absolutely right--but by introducing elements for research and for comment and that sort of thing, there are a number of exceptions allowed that the tests can apply to. Yes, the three-step test should be included in the act.
My understanding is that by introducing education as part of fair dealing you allow a number of people, like the one who was quoted a minute ago, to say they can push the envelope. It is interesting that nine ministers of education, not ten, are for that particular clause. In Quebec, there is a recognition that there is a system in place, that there is a fair compensation that is due, and that we should maintain the system.
I'm no lawyer, but you have a number of legal opinions on the table, including from the Barreau du Québec, which says this will lead to litigation. I believe there are other witnesses who will be here in the coming days who will support the same point of view.
That brings me back to my original message: it doesn't work for individuals to go and sue in front of the courts when there is so much ambiguity built into the law itself.