2010 QCCA 2097, 2010 QCCA 2097

Gazette (The) c. Goulet 2010 QCCA 2097 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021071-105 ( 500-22-146200-087 ) MINUTES OF THE HEARING DATE: November 18, 2010 THE HONOURABLE NICOLE DUVAL HESLER, J.A. PETITIONER ATTORNEY THE GAZETTE CANWEST PUBLICATIONS INC. RENE BRUEMMER ALAN HUSTAK Mtre Mark Bantey GOWLING LAFLEUR HENDERSON RESPONDENT ATTORNEY ALAIN GOULET Mtre Jérémie Martin

MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON SEPTEMBER 10, 2010 BY THE HON. ARMANDO AZNAR OF THE QUEBEC COURT DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 9:46 Commencement of the hearing. Submission by Mtre Bantey. 9:51 Submission by Mtre Martin. 10:01 BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT [ 1 ] According to the Petitioner, the judgment is tantamount to saying that a public officer has an expectation of privacy when in the execution of his public duties and that the media cannot publish the photograph of a public officer in such execution without his consent. An analogy is made with firemen at the scene of a fire. [ 2 ] The Gazette adds that the judgment also raises the issue of punitive damages being awarded in the absence of any intention to harm.

It also challenges the judge's finding that the photograph was inappropriate, judges, in its view, not being editors but having as their sole function the adjudication of fault. It follows that the judge would have based his judgment, in part, on an irrelevant consideration. [ 3 ] In reply to those arguments, the Respondent stresses there was no link at all between his photograph and the content of the article. He maintains that his right to privacy was violated.

He asserts that there was no public interest in publishing his photograph. [ 4 ] In my opinion, the questions are such as to merit the consideration of the Court. [ 5 ] FOR THESE REASONS, the leave to appeal is GRANTED, cost to follow.

NICOLE DUVAL HESLER, J.A.