if memory serves, in Ontario one party should consent to itWhat is the current law on recording conversations on the phone.
Do you need to ask for consent, someone has told me the law has recently changed and no consent is necessary.
Any input from lawyers or paralegals regarding this matter would be greatly appreciated.
if memory serves, in Ontario one party should consent to it
It is in the criminal code:Thanks guys but I need to know for a fact. What the current law is in Ontario.
If someone can provide me the written law, that would be great.
The law has never "changed". You can record anything you want as long as the recorder is "on your person". This applies to public settings. On your own property you can record as you please and the recorder doesn't have to be "on your persons". Therefore if it is YOUR phone you can record as you please. In fact RadioShack has a cool device you can attach to your phone to record.What is the current law on recording conversations on the phone.
Do you need to ask for consent, someone has told me the law has recently changed and no consent is necessary.
Any input from lawyers or paralegals regarding this matter would be greatly appreciated.
It is in the criminal code:
184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Saving provision
(2) Subsection (1) does not apply to
(a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;
Not quite correct,...and I don't know if it has changed,...but at one time you had to have a tone/beep repeated at a specified rate and duration while recording the tel. conversation.The law has never "changed". You can record anything you want as long as the recorder is "on your person". This applies to public settings. On your own property you can record as you please and the recorder doesn't have to be "on your persons". Therefore if it is YOUR phone you can record as you please. In fact RadioShack has a cool device you can attach to your phone to record.
If it is NOT your phone you can be charged cor criminal harassment or "eavesdropping" though most cops with go with CH.
Yup, so long as your are present. If you leave your office and record a conversation someone has while you have stepped out, you are guilty and liable for up to five years in prison.If you tape conversations in YOUR office that is not illegal (you may get fired though).
Yup, so long as your are present. If you leave your office and record a conversation someone has while you have stepped out, you are guilty and liable for up to five years in prison.
But so long as you yourself are one of the participants it's assumed you consent to record yourself.
What I meant was if you bugged your own office, recording everything said in the room, that is fine so long as you are present. If you step out of the room leaving two others in your office and you continue recording their conversation while they believe you are out of earshot that is double plus ungood.Technically no. Suppose you have a recorder on YOUR phone in YOUR office. You have a right to expect people will ask permission before they use it. You are getting into murky territory here. There have been a few charges of eavesdropping when people record in police stations but those charges are quickly dropped by the Crown.Same goes with court houses. There is a lot of grey area but you are safe to assume if it's YOURS you can tape as much as you want.
What if you had a security camera that recorded video and audio? Do you have to turn it off when you leave?What I meant was if you bugged your own office, recording everything said in the room, that is fine so long as you are present. If you step out of the room leaving two others in your office and you continue recording their conversation while they believe you are out of earshot that is double plus ungood.
The golden rule is if people know you are there listening, then you can be recording, but if they don't know you are listening then you cannot be recording.
What I meant was if you bugged your own office, recording everything said in the room, that is fine so long as you are present.[/ QUOTE]There was a Seinfeld episode where George Costanza tried this.
