"Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user's right. In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively" (emphasis added) (par. 48).
CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 Supreme Court of Canada [decision number] 13
"Teachers have no ulterior motive when providing copies to students. Nor can teachers be characterized as having the completely separate purpose of 'instruction'; they are there to facilitate the students' research and private study. It seems to me to be axiomatic that most students lack the expertise to find or request the materials required for their own research and private study, and rely on the guidance of their teachers. They study what they are told to study, and the teacher's purpose in providing copies is to enable the students to have the material they need for the purpose of studying. The teacher/copier therefore shares a symbiotic purpose with the student/user who is engaging in research or private study. Instruction and research/private study are, in the school context, tautological" (emphasis added) (par. 23).
"[T]he word 'private' in 'private study' should not be understood as requiring users to view copyrighted works in splendid isolation. Studying and learning are essentially personal endeavours, whether they are engaged in with others or in solitude" (par. 27).
Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 Supreme Court of Canada [decision number] 37