An Even-handed Look at Fair Dealing: Part One

• Author: Charlie Macfarlane
• Pages: 343-347

An

Even-handed Look

at

Fair

Dealing:

Part

One

Charlie

Macfarlan

e

It

is a

pleasure

and an

honour

to be

invited

to

participate

in

these pro-

ceedings,

and

Julia Dublin

and I are

very

grateful

for the

opportunity

to

share with

you

some

of our

thoughts

on the

Fair

Dealing Model

and

perhaps

to

convince

at

least some

of you

that

the

combination

of

fair

dealing

and the

Ontario Securities Commission (OSC)

is not an

oxy-

moron.

Carol

Hansell warned

me a

number

of

times when

we

were talking

about

the

run-up

to

this presentation that "the audience

is

lawyers,

Charlie.

Try to

remember that."

So

before

it

becomes

painfully

obvious

to

you,

I

will admit that

I am not a

lawyer, although there

is

hope

for

me; I

noticed

in

your papers there

is

reference

to a

paper

on the

"six-

minute security lawyer,"

so I am

hoping maybe over

the

weekend

I can

rectify

that.

What

I am,

actually,

is a

recovering trust

officer,

and I

need

to

tell

you

that because, although

I am

very excited about

our

Fair Dealing

Model

initiative,

I may not

appear

to be

excited,

and it is

because

I

have

been through

the

standard trust

officer

training process when

I was an

impressionable

young man.

We

were trained that black

is a

festive

colour;

we

were trained that

to

exhibit

any

volatility

of

temperament

is

a

cardinal sin; and, most importantly,

the

final

procedure

I had to go

through

before

becoming

a

trust

officer,

what

was

known

as the

trust

Charlie Macfarlane, Executive Director

of the

Ontario Securities Commission.

343