 Aubry argued that the photograph violated her privacy rights under Section 4 of the "Quebec Charter of Human Rights and Freedoms," which says that “[e]very person has a right to respect for his private life.” "Éditions Vice-Versa" argued that such an interpretation would violate its Section 3 right to free expression found in the same document.Aubry was awarded $1500 in damages in the lower courts, and the defendants appealed the decision from the Quebec Court of Appeal to the Supreme Court.The Court held that under Quebec law a photographer can take photographs in public places but may not publish the picture unless permission has been obtained from the subject.