Archived posting to the Leica Users Group, 1998/04/12
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]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 ______________________________________________________ Get Your Private, Free Email at http://www.hotmail.com