120 private links
Criminal Code, R.S.C. 1985, c. C-46 [Criminal Code]
Canadians can legally record their own private conversations with other people, but not other peoples' conversations that they are not involved in.
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It is legal in Canada to record a conversation YOU are involved in (are one of the speakers) without the knowledge or consent of the other parties in the conversation. For example, you're talking to your neighbour about replacing the shared fence and have a digital recorder, iPod, smartphone on voice record, whatever, in your pocket. Say you and the neighbor agree to split the cost. When the neighbour reneges on paying their agreed upon share, you can use the recording as evidence.
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It is ILLEGAL to record a conversation you are NOT a part of. For example, planting a recording device in your wife's car because you think she's cheating on you. Then you hear her with another man in the car talking about going to a motel. When you confront your wife and play the recording, YOU can be charged with an indictable offense punishable up to two years incarceration.
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Private investigators are considered private citizens in Canada and have no extra-ordinary authority to tape conversations they are not part of. They are not sworn peace officers eligible to execute a warrant to wiretap/intercept communication.
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Section 183 of the Criminal Code provides the following definition for private communication:
"private communication" means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it.
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** Classroom: If the student was not the sender or receiver, then consent is required by either sender or receiver to record.
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Simple rule: If YOU'RE talking, legal to record. If you're NOT a part of the private conversation/not even there, ILLEGAL.
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