Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 23, 1997, Winnipeg, Manitoba Brian Cole 6977044 focus Winnipeg free press june 1997 courts to review what constitutes Public exposure privacy concerns broaden Aubry was on a curb in Montreal when Gilbert Duclos snapped her it was one of hundreds of pictures the photographer took each Day to record the flavour of Montreal the photograph was simple and it showed the Young Blond woman wearing a pair of Slacks with a Black looking somewhat with her head turned slightly to the Duclos gave his free of to a Quebec arts Magazine that published Pho essays and Short the photograph was Duclos had not asked Aubry for permission to take or publish the Pho Aubry sued and recovered in the Quebec courts found that the photograph did not in any Way adversely affect Aubry honour or the court that Aubry had a right to which included a right to in the courts Aubry pres ence in a Public place did not abolish that courts reviewing Aubry Case will affect the Content of Canadian Maga Zines and if the press could not publish a per Jonathan Kraft sons photograph except with the result would be Black smears for faces or perhaps no human images at the world brought to us would be faceless a world devoid of the Law had traditionally forbidden the unauthorized use of a celebrity image for commercial Adi Das could not put a photograph of Donovan Bailey in its advertisements without his the principle behind this relates More to Money than the courts View the value of a celebrity image As belonging to the celebrity and will not countenance its appropriation without some negotiated before the Aubry it had been assumed by Canadian Media that they were free to publish photographs taken in Public places for news or artistic the prevailing View has been if you dont want the Public to see what you Are dont do it in the traditional attitude to privacy is reflected in a 1993 British Columbia the Bor rowed a jacket from the Kristine left some Holiday snapshots in the jacket one of the photographs showed Kristine without her upper As the court delicately put Wayne took the Liberty of showing the photograph to a male Friend who was also an acquaintance of Kristine was unhappy about that and she sued Kristine lost her the court concluded that a person who carries such a photograph of herself and leaves it where others might be expected to find does not have a sufficient expectation of privacy to support Legal the Aubry decision and its Depar Ture from the traditional approach can be understood As an attempt to protect privacy in a world where technology threatens to Render the distinction Between Public and Pri vate space an there was a time when privacy could be achieved by going Home and closing the satellite cameras orbiting the Earth can read our lips in our Back Yards and any busybody can buy a listening device to pick up our most intimate we perform for the video surveillance cameras every time we walk into the apart ment hallway or parking garage and computers know and record every Telephone Purchase and Bank withdrawal we most people support the Protection of privacy in this intrusive depending on How it is we pay a Price for that in the Aubry the Quebec court chose to censor Duclos photograph to protect Aubry what would our newscasts and newspapers look like if the censorship in the Aubry Case became the Rule our daily Media fare includes photographs of members of the we see closeup shots of sports fans at sporting Dur ing the flood we saw the determined faces of the volunteers sandbagging and the dejection on the faces of the faces caught by the camera can reflect the human essence of important events in a Way that words alone it is not reasonable to expect news paper photographers and television cameramen to go from to crime scene to sporting event with a stack of consent soliciting the consent of every participant and bystander who May be captured in one of the it would be unseemly and inappropriate for reporters to be shoving release forms under the noses of people whose attention should be focused on the crisis at in deciding the Aubry the court suggested that the result May have been different if Aubry had voluntarily become involved in Public life or if she had even involuntarily become an element in a scene that could not be photographed without including her but the court left photographers and publishers Uncertain As to what constitutes voluntary involvement in Public life and As to when a person is sufficiently part of a scene to be the Aubry Case has been appealed to the supreme court of our highest court will now have to Deal with the balance Between the human desire for the practical realities of living in close proximity to Freedom of artistic expression and our collective need for information about the events and circumstances that influence our Jonathan Kroft is a lawyer with Macaulay and Thorwaldson and Legal counsel to the Winnipeg free letters to the editor flood coverage aided new yorker As a longtime Winnipeg Ger who accidentally moved to new York City one fall and ended up get Ting stuck to some gum on the sidewalk for about 15 years i just wanted to thank your entire staff for the amazingly diligent coverage that was posted on your web your daily reports from the i still dream of reassured me in a time of powerless so thanks for diverting part of that mighty Manitoba River through this mighty Small Manhattan there quite fond of their free press Down but i think ours is Brian Hassett new York Winnipeg fans want More i would like to respond to were u there 2 free june 16 by Jeff talk about the i was at the u2 concert As Well and it seems that i saw a completely differ ent show than you i would like to Clear a few things up from your you Knock the fans in Winnipeg for being uninvolved and lame As compared to other major cities in North the simple fact is this everyone in the stadium paid 50plus dollars to be impressed by the band from the Energy level wavered from time to time because audience enthusiasm is reflected by the not the other Way around As you put you cant Tell me that these four band members Are it would be naive to think that at this Point of the bands career they were in any Way considering that they were rumoured to cancel if seats we rent the visual effects were massive and the sound was Crisp and the band was Only a Little different than the majority believe the passion is still alive in Only now it takes a lot More to impress Keith Repetti Winnipeg winning band rewarded with Cut i am writing in response to the letter end of jazz educational loss june i am a student at Sisler High school and have been a member of the concert and jazz bands for two when we were told at our yearned party that the jazz band would not con i was outraged and i know that Many other students Felt the i is an award winning and entertaining band being dropped every morning for the past two years i have been at band practice an hour and a half before classes i did not go just because i had nothing bet Ter to believe i could have been i went in Hopes that 1 could become a better musician and represent the school Well in with four Silver 1 think the jazz band accomplished is this the thanks we get for All our hard work being told that we cannot play anymore when the football team they had a Pep and How to reach us the free press welcomes letters from letters must be signed and should include a clearly printed address and Telephone names will be published but not All letters May be edited for style and Short letters Are less Likely to be please address letters to letters to the Winnipeg free 1355 Mountain Winnipeg r2x letters can be sent to our fax number letters May be submitted through the internet at letters sent via the internet obviously cannot be but must include Home address and Telephone Media the jazz band won and we got is this fair i think the principal needs to stand Back and take a Good look at the and realize How Lucky he is to have a group of people work so hard to make the school when he under stands that we work just As hard As the football team or any other he can begin treating us with the respect and attention that we Morgan Tosczak Winnipeg comparison irks Reader u2 fan defends Winnipeg audiences reaction to bands i attended the so Crown Royal concert on May in the program notes written by Israel president of can West global i was astounded to read the following Tracy Winnipeg answer to Maria this world famous opera Singer was dynamic and had a magnificent How could one possibly do such a com Parison with an operatic coloratura Nessie Peters Winnipeg healthcare delay worsens matters Page a3 of the Winnipeg free press of june 13 has a pair of articles that contrast our priorities and concerns in a startling the articles Are about the million to the Regent Avenue and Mcphillips Street gambling Casi and to the Manitoba can cer treatment and research foundation for a new treatment some of the 200 patients on the waiting list will not have to wait the expected four to 12 weeks before starting some will still be hopefully not As Many or for As does a delay of this order Worsen the outcome of treatment nobody really that except the per son that has got the All patients i have talked to were certain that they were Felt More discouraged and when their treatment was to begin at some Remote future which includes treatment and activity now on the part of the doctor is part of the practice of Medicine that May help sick your healthcare system is collapsing in spite of what our politicians painful hip and knee joint All amenable to corrective Lowrick include waiting times of senator Pat Carney of British Columbia reports a Case of painful joint disease with a waiting time before surgery of one year less four Days Globe june so this is not an exclusively Manitoba it is easy to think of dozens of other examples of delayed pro and various treat ments in which the delay itself is harmful and adds to the Burden of the Ross Winnipeg cemetery needs proper funding regarding Elmwood cemetery i am appalled at the deplorable condition of this once Well kept cemetery and the disgraceful condition it is now the grass is Cut will Nilly and this year the dandelions have been allowed to go to seed and consequently blow All Over the it is a constant mystery How our governments City and province can find the multimillion of dollars to finance the dreams of sports team owners and the like not to mention the casinos but cannot find a few Hundred thou Sand dollars to beautify our cemetery we realize the people buried there can no longer pay but after our Beautiful City of Winnipeg was built up by the men and women who Are now buried there and they most certainly deserve a More decent rest ing place than now Lydia Dadds Winnipeg aut Opac rates share the costs i am writing in response to Paul Wiecks aut Opac rate increase hits a nerve with Driver free june in which Wiecek describes How one customers aut Opac Premium was affected by the rate changes that took effect March Wiecks article focuses on the customers driving record and vehicle Choice As the Only factors that should determine his aut Opac ill begin by emphasizing that a Good driving record always makes a differ ence to a customers aut Opac premi that difference can be As much As 25 per cent the maximum Premium discount available and is easy to the other factors that deter mine a customers aut Opac rates Are not As easy to understand because they involve the experience of insurance rating groups rather than the experience of an individual Driver or Lehi having insurance Means sharing Protection in Exchange for sharing As members of insurance rating aut Opac customers get Protection when they have a in return for that they accept a share of their groups groups with Good claims experience see decreases or Small increases groups with poor claims experience see larger the is that vehicles within a group often have a variety of claims experience some some poor for the customer described in Wiecks the Overall claims experience of his vehicle group contributed to the increase in his in a customers individual driving record and a vehicles claims experience Are Only two of the factors that contribute to an aut Opac where and for what purpose a vehicle is driven also affects the amount of risk involved in insuring a in the Case of the customer Wiecek is writing the purpose for pleasure use is another key to his rate the pleasure use Cate gory currently experiences in claims costs for every received in Premium Revenue and has contributed to increased premiums for pleasure use the Bottom line is As a no for profit Mph collects Only enough in premiums to cover no one likes an increase in but we take great care that any changes Are designed to ensure that All customers pay their fair and that the result ing rates Are among the lowest possible in Jim Kingdon corporate Mph Winnipeg doonesbury by Garry Trudeau ;