April 13, 2009 by Vivien Hoang
ViVien Hoang is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course.
Aubry v. Editions Vice-Versa,  1 S.C.R. 591 altered the legal landscape in which photographers were operating in Quebec. Aubry distinguishes Canadian public photography laws from American ones; the contrast is evident when compared to the New York case Nussenzweig v. DiCorcia, 2006 NY Slip Op 50171(U).
In Aubry, Gilbert Duclos took a photograph of Aubry as she was sitting on the steps of a public building in Montreal. He published the photograph in an arts magazine, the Vice-Versa , without Aubry’s consent. 722 copies of the magazine were sold. Aubry sued for $10,000. At stake was the balance between freedom of expression, as guaranteed by s.3 of the Quebec Charter of Human Rights and Freedoms, R.S.Q. c. C-12, and the right to privacy under s.5.