Phone Recording in Canada

As a long time Spy Store employee and shop owner, and having sold phone recorders and other discreet audio recorders for so long, I hear the same question about recording audio in Canada all the time. People are always asking me "Can I legally record my phone calls or conversations in Canada?". In most cases, the answer is quite simply, yes.

Yes you can record any phone call or other conversation in Canada provided one of the two parties conversing, for example you, knows that the conversation is being recorded. As long as you know, then you do not have to tell the other party. Canada has what is called a "one party consent rule". This means that as long as one party knows then that conversation is being recorder then it is fair game for recording. You can record your conversations over the phone, in person, etc. and you have no legal obligation to tell that other person you are speaking with.

The next thing that most people then ask is will it be admissible in court. The answer to that question is not quite as simple. For instance criminal courts have different rules than civil courts or family courts. In each case it would be up to the judge to decide if the recoding is admissible. In order for the judge to make a ruling, in most cases he or she would have to first listen to the recording. Once he has heard the recording I would argue that even if he or she decides it is not admissible, the impact of the recording could still be significant in his views on the parties involved.

Many spy shops sell covert audio recording devices of many types and qualities. If your being harassed, making a hand shake deal, trying to prove what someone else has been telling you, etc. then I would suggest you pick up a recorder and get it on tape (or more likely digital these days).

Here is an example of the value of a recording that I hear all the time. A customer comes into my spy shop and says that someone is threatening them or verbally assaulting them and the police, or other governing party like the boss, won't do anything about it. Often the police tell people that unfortunately since there is no evidence of wrongdoing, there is nothing that they can do. The police often suggest to people that they should get it on tape. Once you get that threat on tape it is amazing how quickly the police are willing to get involved. They will get involved because you have know proven to them that a threat has been made, shown them the evidence, given them the name of the perpetrator, and pointed out to them that you may be in danger if they don't act. The police at that point will usually go and talk to the suspect and their statements combined with the original recording is usually enough to bring charges. Crown council will also be cooperative since you have made their work easy.

Trust me, if you are thinking about getting a recorder, don't hesitate. It may be one of the best purchases you ever make. Always available at your local spy shop.