In the landmark judgment CCH Canadian Ltd. v Law Society of Upper Canada, 2004 SCC 13 [CCH], the Supreme Court of Canada changed the course of Canadian copyright law, addressing some of its most fundamental questions. In a single unanimous ruling, the Court established the “skill and judgment” test for meeting copyright’s originality standard; limited the potential scope of intermediary liability for “authorizing infringement”; addressed the meaning of “communication to the public by telecommunication”; and perhaps most famously, declared fair dealing and other exceptions to copyright infringement to be “user rights,” finding that copyright’s purpose takes into account the rights of users in addition to the rights of copyright holders.

More than two decades later, as CCH turns 21, it is time to reflect on its legacy in Canada and worldwide. What did this groundbreaking ruling accomplish or set in motion? Has this case about photocopying withstood the test of time and technological change? Can its reasons extend to solve some of today’s new copyright challenges? As the rules of engagement between copyright holders, users, and the public shift with the major disruptions brought about by Generative AI, is Canada’s post-CCH copyright law still fit for purpose?