On March 19, 2026, the Canadian Federal Court of Appeal set aside two declarations issued by Justice Roy of the Federal Court (Canada) that touched on the intersection of fair dealing and technological protection measures (TPM): 1395804 Ontario Ltd (Blacklock's Reporter) v Canada (Attorney General), 2026 FCA 56 (“Blacklock’s 2026”). The decision under appeal (1395804 Ontario Ltd (Blacklock's Reporter) v Canada (Attorney General), 2024 FC 829)was touted as providing much needed guidance in this area of copyright law. Our prior article on the decision is here.
With the declarations set aside, it remains to be seen whether future courts, faced with similar facts, may rely on the underlying reasoning expressed by the Federal Court to reach similar conclusions about fair dealing, TPMs, and their intersection. This is likely to prove especially critical in the context of assessing risks around Artificial Intelligence training practices, with at least one U.S. court tying the ability to
