Is freedom of expression, as a Charter value, relevant in an interlocutory injunction concerning copyright issues?
British Columbia, Canada
The following excerpt is from Vancouver Aquarium Marine Science Centre v. Charbonneau, 2017 BCCA 395 (CanLII):
While the Copyright Act withstood a s. 2(b) constitutional challenge to its validity in Michelin v. Caw, 1996 CanLII 11755 (FC), [1997] 2 F.C.R. 306, this does not mean that freedom of expression, as a Charter value, should not be considered in an interlocutory injunction concerning copyright issues. In my opinion, it may be highly relevant, depending on the circumstances.
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