Copyright and Freedom of Expression: A Rawlsian Charter Analysis

This thesis considers the relationship between copyright and freedom of expression in the Canadian legal context. It is argued that the existing Copyright Act constitutes an unjustified limitation of the Charter right to freedom of expression. In addition to analyzing and applying the relevant case law, the thesis suggests an alternative conceptual framework for assessing Charter rights violations. The proposed framework is derived from John Rawls's political philosophy, and requires judges to reason as though behind a Rawlsian veil of ignorance. It is argued that the Copyright Act limits freedom of expression, since most copyright infringing acts are attempts to convey meaning. It is further argued that the limitation cannot be justified under section 1 of the Charter, as the Act would not be selected over the available alternatives while under the veil of ignorance.LL.M