Judicial 'Copying' Does Not Affect Independence or Impartiality: Supreme Court of Canada
Journal of Intellectual Property Law & Practice (Oxford), Vol. 8, No. 11, 2013. Also featured in "The Romanian Judges’ Forum Review" (2013), with permission.
11 Pages Posted: 7 Aug 2013 Last revised: 11 Jan 2014
Date Written: July 29, 2013
Unattributed copying of another’s work is plagiarism. Except when you are a judge. This was the view of a unanimous Supreme Court in Cojocaru v. British Columbia Women’s Hospital and Health Centre, 2013 SCC 30. The decision, a medical negligence case, is riddled with copyright implications. This work explores those implications.
Keywords: copyright, moral rights, plagiarism, copying, judges, judicial, independence, integrity, Cojocaru, Supreme Court, Canada, ethics
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