Aubry v. Éditions Vice-Versa inc.

Aubry v. Éditions Vice-Versa inc.

Majority: Publication without consent of an identifiable person’s image constitutes an infringement and fault under the Quebec Charter, but the right to privacy must be balanced with freedom of expression under s.9.1; artistic expression does not automatically justify publication; in the circumstances the public interest did not predominate and the respondent suffered moral prejudice; award of $2,000 upheld. Dissent: mere infringement without sufficient proof of damage does not establish liability; on evidence the damages were not proven and appeal should be allowed.

Citation
[1998] 1 SCR 591
Parties
Appellant (publisher): Les Éditions Vice‑Versa inc.; Appellant (photographer): Gilbert Duclos; Respondent (plaintiff): Pascale Claude Aubry; Intervener: Canadian Broadcasting Corporation
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 April 1998
Procedural Posture
Civil Liability Appeal (privacy/right to Image) / Appeal to Supreme Court of Canada From Quebec Court of Appeal; Final Disposition
Outcome
Appeal dismissed by majority (L’Heureux‑Dubé, Gonthier, Cory, Iacobucci and Bastarache JJ.); Lamer C.J. and Major J. dissenting
Legal Topics
Privacy, Right to One’s Image, Balancing Privacy and Freedom of Expression, Damages (moral and Patrimonial), Quebec Charter Interpretation, Public Interest
Source Language
English
Civil Procedure Constitutional Law Torts Civil Rights Freedom of Expression Privacy Right to One’s Image Balancing Privacy and Freedom of Expression +3 more

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Parties

Les Éditions Vice‑Versa inc.

Appellant (publisher)

Gilbert Duclos

Appellant (photographer)

Pascale Claude Aubry

Respondent (plaintiff)

Canadian Broadcasting Corporation

Intervener

Procedural Posture

Civil Liability Appeal (privacy/right to Image) / Appeal to Supreme Court of Canada From Quebec Court of Appeal; Final Disposition

Legal Issues

  1. 1 Whether publication of a photograph taken in a public place without consent infringes the right to one’s image and privacy under the Quebec Charter
  2. 2 Whether freedom of artistic expression or the public’s right to information justifies publication despite the infringement
  3. 3 Whether the publication caused compensable prejudice and what proof is required for moral and patrimonial damages

Ratio Decidendi

Majority: Publication without consent of an identifiable person’s image constitutes an infringement and fault under the Quebec Charter, but the right to privacy must be balanced with freedom of expression under s.9.1; artistic expression does not automatically justify publication; in the circumstances the public interest did not predominate and the respondent suffered moral prejudice; award of $2,000 upheld. Dissent: mere infringement without sufficient proof of damage does not establish liability; on evidence the damages were not proven and appeal should be allowed.

Court Disposition

Appeal dismissed by majority (L’Heureux‑Dubé, Gonthier, Cory, Iacobucci and Bastarache JJ.); Lamer C.J. and Major J. dissenting

Orders

  • Judgment of Court of Québec awarding $2,000 in damages against appellants jointly and severally affirmed
  • Appeal dismissed with costs to respondent