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Canadian Journal of Law and Technology

Keywords

right to one's image, droit a` l'image, non-consensual sharing of images, Quebec courts, civil law

Abstract

This article draws on critical feminist theory and the framework of intersectionality to examine how courts in Quebec have begun — and are poised — to respond to the phenomenon of the non-consensual sharing of images, particularly if they are of an intimate or sexual nature. Dunn’s work has demonstrated that Quebec’s dignity-focused approach to the protection of identity and privacy ought to guide the development of similar civil recourse provided in common law Canada. This paper fills a gap by identifying the affordances and gaps of Quebec’s legal approach from the vantage point of equality-seeking groups, with a particular focus on the gendered dimensions of this harm. Notably, analysis has been limited to ten legal decisions from the Quebec jurisdiction that met certain inclusion and exclusion criteria as outlined below.

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