Re: [Leica] Off topic ? important court ruling

[ted grant <75501.3002@compuserve.com>]

some folks responded to:

<<<<<<< Friday's New York Times reported- "News photographers in Quebec who
take pictures of ordinary people outdoors violate their subjects right to
privacy, the Canadian Supreme Court ruled today (April 9).  Its decision
could have a chilling effect on the press. >>>>>>>>>>

Danny Gonzales wrote:
<<<<<<<<Does anyone here see the above ruling as a good thing?>>>>>>>

Danny, of course there isn't any good in it at all! It's almost an
infringement on a photographers right to record people and places of Quebec
in a purely documentary fashion.  But then it comes out of the Province of
Quebec and their legal system is completely different to the rest of
Canada.

Their laws are based on the laws and justice system of France and have
absolutely no relation to how the rest of Canada functions legally.

A great number of you American cousins have no idea there are "two
countries" north of you! :)

Dan Cardish wrote:
<<<The ruling effects only the Province of Quebec, not the rest of Canada. 
It is based on Quebec's Charter of Rights.>>>>>>

And again I'll point out to our American cousins and world relatives that
Quebec is completely different than the rest of Canada in relation to their
Charter of Rights and laws. It will be interesting to see if photographers
in Quebec or even any National Photographer associations challenge the
ruling in the Supreme Court of Canada.

If this should happen, the present political party forming the Government
of Quebec are bent on separating from Canada creating their own little
republic. And if a Supreme Court of Canada ruling were to overturn the
Quebec Supreme Court, the separatists would surely kick-up a major storm
about the "English are putting us down and trampling on our rights etc etc
adnauseam!"

Sorry for getting into the political crap of Quebec and greater Canada. But
this ruling will effect every photographer visiting the Province of Quebec
from many of our LUG member countries and they should be aware of this
judicial idiocy!

Tim Atherton wrote:

<<<<<but classic street photography/reportage may now be impossible in
Quebec - and by extension at some time in the future, Canada.>>>>> 

Tim, I don't believe the Supreme Curt of Canada would make the same ruling
as the judges are much brighter than the morons in Quebec, who in making
this ruling are totally infringing on the rights of people, period! Not
just photographers.

And if the Supreme Court of Canada even contemplated making a similar
ruling, every  photographer, news agency and major newspaper chain would
have lawyers on their case of protecting the freedom to photograph the
country as we see it. After all Canada isn't a Banana Republic, Quebec
maybe.

Dan Cardish wrote:
<<<<Unless I am in the middle of robbing a bank, what gives a newspaper the
right to publish my photograph without my permission?>>>>

The law in Canada reads if you are in a public place you are fair game, as
long as the picture is not used in any form of commercial endeavor (selling
something). We as Canadians are free to have our pictures taken and used in
an editorial manner. The other no-no as I understand, you can't take a
picture of someone and then run it with a story about "hookers" or as an
illustration if the person isn't truly involved in the subject of the
story..

The problem here is, the stupid newspaper photo editor or person on the
picture desk did not ask if the photographer acquired the  name and
permission to use the picture. Every newspaper photographer in the country
that I know, would not take a picture, then get some kind of release or
permission of some kind. Certainly the name, even if it were someone just
sitting out taking in a pleasant warm spring day.

We are dealing with Quebec here and it is completely different to the rest
of the world, let alone Greater Canada.

So take heed all members of the LUG if you are visiting "Quebec" be on your
guard. However, I don't think we've seen the end of this ruling as it will
effect every photographer shooting in the Province of Quebec from any part
of the world or Canada. And  the wrong photographer is going to get burned
and the s---t is going to hit the fan over it.

Like how about someone shooting for National Geo, and they are arrested for
taking pictures in Montreal while just walking the street? Isn't that going
to make Quebec look like a facist banana republic?

If any of you LUGNUTS are coming to visit our wonderful country Canada,
just forget Quebec. You are welcome to photograph the rest of the country
and the people to your hearts content!:)

Just remember the "west is best!" :)

ted