Canadian Lawyer

www.canadianlawyermag.com 11 The Supreme Court did not endorse the Federal Court and Federal Court of Appeal's reasoning on the "fair dealing" issue, but did not rule on it either. This lack of clarity may create confusion over the fair dealing excep- tion in copyright legislation. "Because of the uncertainty that this decision has created over the scope of fair dealing, it may lead to another ten years of litigation," Faizi said. "Parliament needs to immediately step in to ensure there's a functional marketplace for educational publishing so that there is continued investment in the creation of content for Canadian classrooms." The government last amended the Copyright Act in 2012. In September, the Quebec book industry likewise called for reform of the Copyright Act to better protect and compensate its copyright holders. Overall, the educational sector has refused to pay Canadian creators and publishers over $150 million in royalties for the copying of their works, Faizi said, noting that "royal- ties from Access Copyright to creators and publishers declined by 75 per cent from 2012 to 2020." The solution, says Faizi, "lies in the unani- mously endorsed recommendations 18-21 in the Standing Committee on Canadian Heritage's Shifting Paradigms report, which would permit creators and publishers to be once again paid for the educational copying of their works and would also benefit students and educators at every level by encouraging continued investment in high- quality Canadian content for generations to come." Barbara Jackman champions immigrant rights Q&A Toronto-based lawyer Barbara Jackman has represented thousands of non-citizens seeking to come to or remain in Canada, including before the Federal Court and the Supreme Court of Canada. Called to the bar of Ontario in 1978, Jackman was appointed to the Order of Canada in 2019 for her efforts championing the rights of immigrants and refugees and shaping human rights law in Canada. What's changed in immigration law over the years? When I started practising, we still had interviews where immigrants talked to the officer, and the officer made a judgment call. They've cut that all out. You still get to go to court, but now with COVID, you do it by Zoom. That's one big change: the distancing of people from the decision-maker. One trend is how mean-spirited we are towards people as a country. Canada accepts young people with skills but no longer accepts their parents; that's done by a lottery. Which have been your most rewarding cases? The case with the broadest impact was Toth v. Minister of Employment and Immigration. Federal Court didn't recognize that interim orders can be given by the court to stay deportation while you were testing a decision that was made by the Immigration and Refugee Board or the minister, until Toth — and in Toth, they had that jurisdiction. The hardest were the security certificate cases: Mahmoud Jaballah, Mohammad Zeki Mahjoub and Hassan Almrei. I found those really painful because our clients were detained in solitary confinement for years. Charkaoui v. Canada (Citizenship and Immigration) went to the Supreme Court in 2007; three plaintiffs, including Almrei [represented by John Norris and Jackman], were contesting their detentions. The court said the process was unfair; the secret hearings [to determine detention] weren't fair, nor was detention without a judicial review. The most exciting case was Singh v. Minister of Employment and Immigration. That was the first time I was in the Supreme Court, acting for the Federation of Canadian Sikh Societies. We filed the motion to intervene on Monday, it was heard on Friday, and the appeal was going ahead the following Tuesday. It was my first time up there, and we won. The decision recognized that non-citizens have human rights under the Charter of Rights and Freedoms — that everyone has the right to life, liberty and [personal] security. What have been the biggest advances in immigration law? What advances have been made have come from the courts. The government would say there are broader economic classes that have opened up, but that's in our self-interest. We need immigrants, and Canada's picking the cream of the crop, with less attention to any social responsibility it may have to the immigrants that it's taking — in the sense that it won't let their families come — and to the world, in that we should be burden-sharing on refugees. "Royalties from Access Copyright to creators and publishers declined by 75 per cent from 2012 to 2020." » Years in law: 43 » Career highlight: Successes at the Supreme Court of Canada because they concerned the advancement of human rights protections for vulnerable people. » Career lowlight: One of the hardest parts of practice is asking the Federal Court for a stay of removal; it is a last option in many cases. If the court refuses, the person is removed from Canada. Barbara Jackman Principal JACKMAN & ASSOCIATES

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