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If you’re a photographer or content creator in Canada (or if you’re planning to visit this beautiful country), it’s essential to understand the rules surrounding the publication of photos containing identifiable people.

Do you need consent to publish a photo?

The classic lawyer’s answer: it depends.

In Canada, the basic principle is clear: everyone has the right to control their image. If a person is identifiable in your photo, you must generally obtain their consent before publishing it, otherwise you could be held liable for an invasion of their privacy.

The exceptions to this rule

However, there are certain exceptions where consent is not required:

• Non-identifiable person: If the individual cannot be recognized, no consent is required.

• Incidental presence: If the identifiable person is simply one element among others in a public scene (e.g. crowd, park, monument, concert), you can generally publish without any problem.

• Public figures: Celebrities, politicians or anyone with a key role in a matter of public interest can be photographed without consent in most cases. However, this is not an invitation to photograph them in situations where they have an expectation of privacy, such as at home.

What type of consent is required?

Written consent is recommended, but not always compulsory. What’s important is that the authorization is clear and unequivocal.

Quebec versus the rest of Canada

In Quebec, image rights are strictly governed by various laws and generally require the consent of the person photographed (with the exceptions above), whereas in the rest of Canada, the approach is more flexible, particularly for images taken in public. For example, a photo taken on a busy street or at a public event may be published without consent, as long as it is not used in an abusive manner (e.g. defamation, unauthorized commercial advertising).

When in doubt, you should apply the Quebec approach. Better safe than sorry.

Conclusion: Context is key

Every situation is unique and must be assessed according to the circumstances. Before publishing, always ask yourself: could this person reasonably object to the use of their image?

If you find this topic interesting, please feel free to share this article and explore my work as a photographer. ↓

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DISCLAIMER:
The information in this article is provided for legal education and general informational purposes only. It does not constitute legal advice and should not be relied upon as such. If you have specific legal questions or require legal advice, it is recommended that you consult a lawyer or another qualified legal professional.

References:

• Bureau du droit d’auteur de l’Université Laval – Utilisation de l’image et de la voix des personnes
  Source : Université Laval – Bureau du droit d’auteur
• Éducaloi – Le droit à l’image
  Source : Éducaloi