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Thursday, July 28, 2011

Taping your conversation

Taping your conversation can offer protection in any situation, many situations can occur where something was said one day and denied the next....My answer....looky here....or listen....it is still up to the courts to decide whether it will be
admissible, but writing a transcript of said conversation before hand would enforce your case. Dealing with any situation, this type of protection offers you a choice, whether to take legal action, of simply, peace of mind....it is always a good idea to make copies, give them to friends or your lawyer, since she could look them over to see if an infraction has been committed, defamation or libel...

This article considers whether it is legal to record private conversations in Canada. The discussion distinguishes between conversations that the person recording is involved in and conversations that the person recording is merely eavesdropping on.
The Criminal Code, R.S.C. 1985, c. C-46 [Criminal Code] imposes a general prohibition on interception (recording) of private communications, but then provides an exception where one of the parties to the private communication consents to the interception of that communication. Thus, broadly speaking, Canadians can legally record their own conversations with other people, but not other peoples' conversations that they are not involved in.

Other legislation in Canada protects various privacy rights, but does not prevent Canadians from recording their own conversations with others.

The basic rule is that it is illegal to intercept a private communication.
Section 184(1) of the Criminal Code sets out the general rule that it is illegal to willfully intercept a private communication:
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.

Conclusion regarding the one party consent exception
The foregoing indicates that, in Canada, it is legal to record your own conversations, whether they are had on the telephone or in person. However, it is illegal to record a conversation if you are not one of the intend recipients of the communications made in that conversation.

It is illegal to possess surreptitious recording devices in Canada
Although it is legal for Canadians to record conversations that they are involved in, it is illegal for them to possess surreptitious recording devices.
Section 191(1) of the Criminal Code provides as follows:
Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Thus, Canadian can record their own conversations, but should do so with regular recording devices such as dictaphones, tape recorders, ipods etc.
Admission into evidence of private communications intercepted by civilians.
Various Canadian cases have admitted recordings made by civilians into evidence where it was found that the civilians were not acting as state agents at the time of the recording. See, for example: R. v. Tam (1993), 80 C.C.C. (3d) 476 (B.C.S.C.); R. v. Fegan (1993), 62 O.A.C. 146 (CA); R. v. Strano (2001) 80 C.R.R. (2d) 93 (Ont. C.J.).
Finally" The foregoing indicates that provincial privacy legislation in Canada generally does not prevent Canadians from recording their own conversations with others.

I was in a conversation with a lawyer today and I explained that when I was having problem with my daughter, (and it was never her fault but her mother, doing drugs while pregnant) that she had emotional explosions, due to her medical condition, and someone suggested that I taped these difficult times for personal protection, because neighbors might think that I was abusing her, I do believe that they did save me down the line because many police officers are terribly inexperienced in the realities of raising a child born addicted to hard drugs...the anger, the screaming, you can be the greatest parent in the world, but this will happen eventually, these children usually turn on the ones they love the most....and unless parents are well informed and even if it is heartbreaking to tape your own child's emotional tirades, it will help down the line to explain what is really happening, even prevent a unnecessary abuse charge.
In my dealings with the carleton place interval house, and the problem they caused, I tried to offer all these to them, but to no avail, that is why I do not agree with the shelters the way they are set up now, I always believed that people would, if informed, co-operate with the parent, but in this case....I was wrong...When I was told that the directors public persona was more important than the situation with my child, I was appalled, I was thinking to myself that I always communicated with diplomacy, explaining in detail the mistakes made, but a persons public persona is more important, than the safety of a child???
There was other situation that taping conversations that I was involved in, helped in protecting the truth, nobody is perfect by any means, people make mistakes, God only knows I made many, but the truth is always the better position to take, and everything at ones disposal should be used to express that honesty. Everything I say in this blog, has back up and then some, it does not offer the upper hand, never believe that, but it does offer an even hand and a better chance to protect your side of the story.
This issue is important if dealing with such organisations such as cas, welfare, law agencies, and especially shelters. (if you happen to be a father or husband).
My favorite is turning on my web cam, and sending it online, you can find many sites that record and save web cam recording for free, (your web cam program usually has such a site), (add a program called ps tray factory and it hides the web cam icon from your system tray, making it invisible)...especially if dealing with a visit from cas, one worker friend once told me that cas makes you believe they have more power than they really have, and I have read online and there are many, how cas behaved badly with parents, especially younger ones.

3 comments:

Anonymous said...

Are you sure about all this??? I know someone who is having problem with child services, and the info you just posted would solve a lot of problems, since as you say, one thing is said one day and another the next....

The Native Canadian said...

weell the expression of children services is from america isnt it? this post is the laws of Canada....check here or search the web for american laws....
http://legallad.quickanddirtytips.com/the-legality-of-recording-conversations.aspx

Lee Hanlon said...

Native Canadian, there are Child Services in Canada. In Ontario I believe they are Child Protective Services (CPS) whereas in BC they are Ministry of Children and Family Development (MCFD). Each Province has a Child Protection Service. And although the names may be different, their policies are similiar in nature.