Is It a Crime to Record a Conversation in Canada?

Recording conversations has become easier than ever. With smartphones always at hand, anyone can capture audio of a discussion in seconds. But is it legal to do so in Canada? The answer usually depends on whether you’re part of the conversation being recorded and whether you are intercepting a “private communication” within the meaning of the Criminal Code.

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What Is the One-Party Consent Rule in Canada?

Canadian law generally permits recording a conversation as long as at least one party consents to the recording. This means you can usually legally record any conversation you’re participating in without informing the other participant(s). However, secretly recording a conversation between two other people is often illegal if it involves intercepting a private communication.

The law draws a clear distinction between recording a conversation you’re involved in versus intercepting others’ communications.

What Does the Criminal Code Say About Recording Conversations?

The Criminal Code of Canada imposes a general prohibition on recording private communications but provides an exception where one of the parties consents to the interception.

Section 184(1) states that anyone who knowingly intercepts a private communication by electromagnetic, acoustic, mechanical, or other device is guilty of an indictable offence (it can be prosecuted either by indictment or by summary conviction) and liable to imprisonment for up to five years if prosecuted by indictment.

However, Section 184(2) provides key exceptions. The prohibition does not apply to a person who has the consent of the originator of the private communication or the intended recipient. Additional exceptions apply to telecommunications service providers performing necessary functions, radio frequency spectrum management officers, and those protecting computer systems from unauthorized access in the limited circumstances set out in the section.

When Can Police Legally Record Conversations?

If law enforcement wants to record conversations they’re not participating in, they must obtain judicial authorization under Part VI of the Criminal Code (often called a wiretap authorization). This allows them to intercept communications they believe may reveal evidence of a crime.

Even when police or a police agent is a participant in the conversation, the Charter can impose additional limits. In many situations, police participant recordings require prior judicial authorization, even though a private citizen could record their own conversation under the one-party consent exception.

Under Section 184.1, an agent of the state may intercept a private communication without a warrant in narrow circumstances, including when the originator or intended recipient has consented, the agent believes on reasonable grounds there is a risk of bodily harm to the consenting person, and the purpose is to prevent that bodily harm.

In emergency situations, other provisions may also apply, including Section 184.4, which addresses urgent interceptions involving serious harm and time-sensitive circumstances.

How Does Reasonable Expectation of Privacy Affect Recordings?

Reasonable expectation of privacy” matters most in Charter analysis when the state records or intercepts communications. It can also matter in civil privacy claims, which are separate from criminal liability.

Private spaces such as bathrooms, bedrooms, and closed offices carry strong expectations of privacy. Public spaces like sidewalks, parks, and open areas generally do not. Grey areas include vehicles, quiet corners of public spaces, and semi-private settings where expectations may vary.

Being physically present and actively participating in the conversation is essential. Hiding in another room or placing a recording device to capture others’ discussions crosses the line into illegal interception.

Can You Record Police Officers in Ontario?

You can generally record police officers performing their duties in public spaces, as long as you do not obstruct or interfere with them. On private property, the property owner can set rules about whether you can remain on the property and whether filming is permitted, and police may direct you to leave if you are trespassing or interfering.

Remember that the one-party consent rule applies when you are recording a conversation you are part of. If you are recording police interactions that do not involve you, the issue is not “consent,” but whether you are capturing a private communication and what other laws apply in the circumstances.

Can Recorded Conversations Be Used as Evidence in Court?

If you plan to use a recorded conversation in legal proceedings, several factors affect its admissibility.

Never alter, edit, or trim recordings. While not illegal, altered recordings raise serious concerns about credibility. Courts expect complete, unaltered files. Even if portions of the recording seem unfavourable to your case, submitting the full recording is strongly recommended over risking your credibility through selective editing.

To support admissibility, preserve all metadata demonstrating authenticity, record the time, date, and context of the conversation, and ensure audio clarity without modification. Be prepared to explain why the recording was necessary and how it has been stored. Courts may require a certified transcript prepared by an experienced court reporter.

Are There Professional Restrictions on Recording?

Some professions have additional restrictions. Lawyers, for example, are prohibited by the Law Society of Ontario from recording conversations with clients or others without express permission, regardless of what the Criminal Code permits. 

Professional regulators may treat covert recording as unethical or improper except in rare, well-justified circumstances, and rules and guidance can vary by province and by context.

What Are the Consequences of Illegal Recording?

Recording a conversation you’re not part of can result in criminal charges carrying up to five years’ imprisonment, civil lawsuits for invasion of privacy, and the recording being inadmissible as evidence. Even legally recorded materials can create problems if distributed without consent or used for unlawful purposes.

Contact a Criminal Lawyer for Help

Understanding recording laws is essential before you capture any conversation. What seems like helpful evidence could become a criminal liability if done improperly.

If you’ve been charged with unlawfully intercepting private communications or any other criminal offence, Pyzer Criminal Lawyers can help. With over two decades of experience defending clients throughout Toronto and the GTA, our team understands what’s at stake for your reputation, freedom, and future. Contact us at (416) 658-1818 for a free, confidential consultation.