Archived posting to the Leica Users Group, 1998/04/12

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Subject: [Leica] Supreme Court of Canada decision - artistic freedom/privacy
From: "Tim Atherton" <timphoto@hotmail.com>
Date: Sun, 12 Apr 1998 15:01:14 PDT

Perhaps we can clear up one aspect of this decision. It WAS a decision 
of the SUPREME COURT OF CANADA, not the Quebec Supreme Court - although 
it was a ruling on Quebec law. Despite this, the lawyers I have spoken 
to are divided about how such a ruling may provide a precedent in 
english Common Law based decisions in the rest of Candada. Apparently 
similar cases (but on other issues) have spilled over as precedents into 
the rest of Canada. Also, as this was a Supreme Court decision, there is 
no appeal on this partiular case.

A good deal of information on the ruling can be found at the Supreme 
Court of Canada/University of Montreal site:
http://www.droit.umontreal.ca/doc/csc-scc/en/rec/html/editions.en.html

It would seem that the Canadian Broadcasting Corporation had intervenor 
status because of how important they saw the case as being. The 
arguments made by the CBC regarding charter rights and freedom of 
expression seem to have been dismissed by the court in this case.

It would seem that under this ruling, Cartier - Bresson could have been 
sued for many of the now famous images he made - but then I believe that 
would be the case today in France as well. Let us hope that Anglo Saxon 
common law triumphs in the rest of Canada on this particular issue.

Tim Atherton,
Tim Atherton Photography,
Box 515, Yellowknife,
NWT, X1A 2N4, Canada.

Phone/Fax: 403.669.9874

PHOTO-DOCUMENTARY * REPORTAGE * EDITORIAL * INDUSTRIAL


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