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Flagbridge-CDN
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4618
Experience:  Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
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In Ontario, Canada is it legal to record a

Resolved Question:

In Ontario, Canada is it legal to record a conversation provided all parties involved are made aware of the redcording?
Submitted: 6 years ago.
Category: Canada Law
Expert:  Flagbridge-CDN replied 6 years ago.
Hello,

Yes it is legal. Ontario is a one party jurisdiction which means only one party needs to consent. However businesses are required to notify the other parties that the conversation is being recorded.

If this helps please let me know. If you need more info please feel free to ask.

Regards
Customer: replied 6 years ago.
Ok a little bit more on the situation, I'm confused. I'm an unionized employee of the Toronto Transit Commission and earlier today I was relieved of my duties because I would not meet with my boss unless it was being recorded. As I stated before everyone involved was informed of the recording. My union president seems to think I'm not allowed. Could they have me on some technicality?
Expert:  Flagbridge-CDN replied 6 years ago.
Hello,

Did you demand that the meeting be recorded?

have you been in touch with your union rep?

Regards
Customer: replied 6 years ago.
Reply to Flagbridge-CDN's Post: I informed everyone in the room I was going to record the meeting, I then placed the recorder on the table in plain view and they told me to leave the room. They called me back in a second time and I did the same thing they asked me to leave again. The third time they called me into the room I repeated the same actions as the previous two times, and was promptly relieved of duties. My union rep says I am wrong although I'm almost positive I'm right.
Expert:  Flagbridge-CDN replied 6 years ago.
Hello,

Your employer does not have to allow themselves to be recorded if they do not want. Had the recorder been hidden that would have been fine. They are within their rights to refuse being recorded.

Are you on temporary leave or have you been fired?

Regards
Customer: replied 6 years ago.
Reply to Flagbridge-CDN's Post: I was fired. I know that it is their option to decline being recorded. This is why I told them they had the option of cancelling the meeting. At which point they relieved me of duties.
Customer: replied 6 years ago.
Might it also be useful that the TTC regularly records phone conversations between employees, to be used as a disciplinary means when protocol is not followed.
Expert:  Flagbridge-CDN replied 6 years ago.
I definitely think you have a case to talk to a lawyer about wrongful termination.

To get low cost legal aid assistance you can do one of the following.

1. Look to see if there are any Legal Aid Clinic in your area. You can check the yellow pages or call your local city or county hall.
2. Any law schools in your area may offer clinics and services for no cost. It is worth contacting them for their locations and times.
3. Your county may have its own bar association with low cost or community based (pro bono) services. Contact them for a referral.
4. You can also contact your local court clerk to for a referral to known programs in your area.
5. Many of the large law firms have a pro bono program. Call them and ask if they have a pro bono program and ask to speak with the coordinator of that program.
6. Contact the upper Canada law society. Ask for a referral to any low cost or community services in your area for the issue.
7. Sometimes it is worth spending $250 for an hour of an experienced local attorney who can read your notes, and get the full picture before deicing how to move forward.

Remember to bring all your notes, contracts, names, and evidence you may have (emails, etc), to the lawyer in an organized chronological fashion. This will show you are prepared, and willing to help yourself. lawyers can read through and understand the details FAR quicker if things are organized. This will be a way for you to empower yourself to get results.

If you find any of this is helpful please click ACCEPT. Otherwise please follow up if you have any more questions. Bonuses and feedback are greatly appreciated if you feel they are deserved.

Best of luck,
Flagbridge-CDN, Arbitrator
Category: Canada Law
Satisfied Customers: 4618
Experience: Ontario Mediator/Arbitrator, and Legal Consultant. Law Graduate
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