Thank you, Mr. Chair.
Some of the material that you've put out there--this is for Access Copyright, by the way--says that “an open-ended fair dealing provision...puts in the hands of the courts what should be determined by Parliament”. That being said, two pieces or two court rulings that have been very important to this debate over the past little while, and that get cited quite often, include Théberge and CCH v. Law Society of Upper Canada, which many of us refer to.
In the ruling, they stated, “The Copyright Act is usually presented as a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator.” So obviously, they delved into this by talking about the balance. They say, “Excessive control by holders of copyrights and other forms of intellectual property may...create practical obstacles to proper utilization”.
Is this what you're talking about when you say that it's left up to the courts? First of all, in that ruling, do you agree or disagree? Do you think that's excessive for a court to say?