The respondent, a 17-year-old, was photographed without her consent while sitting on the steps of a building in a public place.
The photograph was subsequently published in an arts magazine.
She brought an action in civil liability against the photographer and the magazine publisher for invasion of privacy.
The Supreme Court of Canada held that the unauthorized publication of the photograph infringed the respondent's right to her image, which is an element of the right to privacy under the Quebec Charter.
The Court balanced this right against the appellants' freedom of expression, concluding that the artistic nature of the photograph did not justify the infringement absent a predominant public interest.
The award of $2,000 in moral damages was upheld.
