I wonder how this will impact on the legality of sites such as thepiratebay in Canada.
It won't. There's two reasons for this: First, the SCC isn't bound by its previous decisions; constitutionally this is formalized as the "living tree doctrine" which states that the constitution can grow to take meanings never imagined by its authors or by earlier court rulings. Second, the current court is highly activist; I've heard several lawyers comment that it seems to start by deciding the outcome it wants and then work backwards to attempt to find a tenuous legal interpretation to justify it. I think it's very unlikely that the SCC would be inclined to twist the law for the benefit of thepiratebay.
(IANAL, these are my personal opinions, and I don't want to be sued by the Supreme Court for libel.)
It won't. There's two reasons for this: First, the SCC isn't bound by its previous decisions; constitutionally this is formalized as the "living tree doctrine" which states that the constitution can grow to take meanings never imagined by its authors or by earlier court rulings. Second, the current court is highly activist; I've heard several lawyers comment that it seems to start by deciding the outcome it wants and then work backwards to attempt to find a tenuous legal interpretation to justify it. I think it's very unlikely that the SCC would be inclined to twist the law for the benefit of thepiratebay.
(IANAL, these are my personal opinions, and I don't want to be sued by the Supreme Court for libel.)