It's a separate paragraph between two dissenting opinions (Lamer above, Major below). I thought it belonged to the main body of the sentence as it acknowledges the right of the person portrayed. The dissenting judges IIGIR would have decided against the portrayed person and in favour of the publisher.
What I suspect and what you seem to confirm is that no embarrassment, no damages.
Embarrassment can cause damages in Italy as well, and a bit everywhere, Québec not being special in this matter.