I think one thing that's important to note and got very confused in the earlier panel is which courts or tribunals have looked at the copying guidelines. The Copyright Board did not look at the copying guidelines. It has not said anything about the fairness of the copying guidelines. Only the Federal Court in the York decision has had to examine the copying guidelines—the 10%, the chapter—and determine whether it's fair. It's in that context that there were duelling experts. In fact, there were two on each side. The court concluded unequivocally that the fair dealing guidelines are arbitrary, they are unfair, and they lead to economic harm.
On May 22nd, 2018. See this statement in context.