Court File No.: 33888

IN THE SUPREME COURT OF CANADA

(ON APPEAL FROM THE FEDERAL COURT OF APPEAL)BETWEEN:

THE PROVINCE OF ALBERTA AS REPRESENTED BY THE MINISTER OF EDUCATIONAND OTHERS*

APPELLANTS(APPLICANTS)- and -

THE CANADIAN COPYRIGHT LICENSING AGENCYOPERATING AS “ACCESS COPYRIGHT”

RESPONDENT(RESPONDENT)- and -

CANADIAN ASSOCIATION OF UNIVERSITY TEACHERS AND CANADIAN FEDERATIONOF STUDENTS, ASSOCIATION OF UNIVERSITIES .AND COLLEGES OF CANADA ANDASSOCIATION OF CANADIAN COMMUNITY COLLEGES, CANADIAN PUBLISHERS'COUNCIL, ASSOCIATION OF CANADIAN PUBLISHERS, AND CANADIAN EDUCATIONALRESOURCES COUNCIL, CMRRA-SODRAC INC, PROFESSIONAL WRITERS ASSOCIATIONOF CANADA AND WRITERS UNION OF CANADA, CENTRE FOR INNOVATION LAW ANDPOLICY OF THE FACULTY OF LAW UNIVERSITY OF TORONTO, CANADIAN AUTHORSASSOCIATION, CANADIAN FREELANCE UNION, CANADIAN SOCIETY OF CHILDREN'SAUTHORS, ILLUSTRATORS AND PERFORMERS, LEAGUE OF CANADIAN POETS,LITERARY TRANSLATORS' ASSOCIATION OF CANADA, PLAYWRIGHTS GUILD OFCANADA

INTERVENERS(RESPONDENT)

FACTUM OF THE INTERVENER,THE SAMUELSON-GLUSHKO CANADIAN INTERNET POLICY AND PUBLIC INTERESTCLINIC (CIPPIC)

Samuelson-Glushko Canadian Internet Policy &Public Interest Clinic (CIPPIC),University of Ottawa, Faculty of Law57 Louis Pasteur StreetOttawa, ON, K1N 6N5David Fewer

Telephone: (613) 562-5800 (ext.2558)Fax: (613) 562-5417E-mail: dfewer@uottawa.ca

Counsel for the Intervener

*THE PROVINCE OF BRITISH COLUMBIA AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE PROVINCE OF MANITOBA AS REPRESENTEDBY THE MINISTER OF EDUCATION,CITIZENSHIP AND YOUTH;THE PROVINCE OF NEW BRUNSWICK AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE PROVINCE OF NEWFOUNDLAND AND LABRADOR AS REPRESENTED BY THE MINISTER OF EDUCATION;THE NORTHWEST TERRITORIES AS REPRESENTEDBY THE MINISTER OF EDUCATION,CULTURE AND EMPLOYMENT;THE PROVINCE OF NOVA SCOTIA AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE TERRITORY OF NUNAVUT AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE PROVINCE OF ONTARIO AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE PROVINCE OF PRINCE EDWARD ISLAND ASREPRESENTED BY THE MINISTER OF EDUCATION;THE PROVINCE OF SASKATCHEWAN AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE YUKON TERRITORY AS REPRESENTEDBY THE MINISTER OF EDUCATION;THE AIRY AND SABINE DISTRICT SCHOOL AREA BOARD;THE ALGOMA DISTRICT SCHOOL BOARD;THE ALGONQUIN AND LAKESHORE CATHOLIC DISTRICT SCHOOL BOARD;THE ASQUITH-GARVEY DISTRICT SCHOOL AREA BOARD;THE ATIKOKAN ROMAN CATHOLIC SEPARATE SCHOOL BOARD;THE AVON MAITLAND DISTRICT SCHOOL BOARD;THE BLOORVIEW MACMILLAN SCHOOL AUTHORITY;THE BLUEWATER DISTRICT SCHOOL BOARD;THE BRANT HALDIMAND NORFOLK CATHOLIC DISTRICT SCHOOL BOARD;THE BRUCE-GREY CATHOLIC DISTRICT SCHOOL BOARD;THE CAMPBELL CHILDREN’S SCHOOL AUTHORITY;THE CARAMAT DISTRICT SCHOOL AREA BOARD;THE CATHOLIC DISTRICT SCHOOL BOARD OF EASTERN ONTARIO;THE COLLINS DISTRICT SCHOOL AREA BOARD;THE CONNELL AND PONSFORD DISTRICT SCHOOL AREA BOARD;THE CONSEIL DES ÉCOLES CATHOLIQUES DU CENTRE-EST DE L’ONTARIO;THE CONSEIL DES ÉCOLES PUBLIQUES DE L’EST DE L’ONTARIO;THE CONSEIL DES ÉCOLES SÉPARÉES CATHOLIQUES DE DUBREUILVILLE;THE CONSEIL DES ÉCOLES SÉPARÉES CATHOLIQUES DE FOLEYET;THE CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE CENTRE-SUD;THE CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE DE L’EST ONTARIEN;THE CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE DES AURORESBORÉALES;THE CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE DES GRANDES RIVIÈRES;THE CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE DU NOUVEL-ONTARIO;THE CONSEIL SCOLAIRE DE DISTRICT CATHOLIQUE FRANCO-NORD;THE CONSEIL SCOLAIRE DE DISTRICT DES ÉCOLES CATHOLIQUES DE SUD-