 |
 |
 |
 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 |
 |
|
 |
|
||||
|
C a n a d a 8.
RIGHT TO A GOOD NAME, TO PRIVACY, TO OWN IMAGE Although
a few provinces have statutes which provide protection for the right
of privacy, these rights are primarily protected by the common law.
The right to privacy is not enshrined in the Canadian Charter, but
recent decisions of the Supreme Court of Canada has led some to
predict that the right to privacy will attract constitutional protection.
The
primary case arises out of Quebec, which has its own distinct legal
framework which gives provincial constitutional protection to the
right of privacy. The Supreme Court of Canada upheld the decision
of the Quebec Court of Appeal of Quebec in Les Editions ViceVersa,
Inc. v. Pascale Claude Aubry (1997), which awarded damages for the
publication of a picture of a woman that was taken without her permission.
úThe Court reasoned that the right to one?s image is a part of one?s
right to privacy, and the right of the artist to publish did not
justify the infringement upon the plaintiff?s right to privacy.
The balancing of the rights depends on the nature of the information
provided to the public and the situation of those concerned or affected.
|
questions
or comments? | |
