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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100406
Experience:  Lawyer
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While I understand that it is legal for a party to a

Customer Question

While I understand that it is legal for a party to a conversation to record said conversation, I am having trouble figuring out if you must admit to the recording if asked. Specifically, if I am recording a conversation and the other person pointedly asks if the conversation is being recorded, is it my legal responsibility to admit this to them? The jurisdiction in question is Ontario, Canada.
Submitted: 12 months ago.
Category: Canada Law
Expert:  Debra replied 12 months ago.

Thanks for your question.

The law is that one party has to consent to the recording. That is it. So if you are consenting because of course you are then the recording is lawful.

That means you have not breached the Criminal Code.

So you cannot be charged for making the recording and you can use the recording as evidence in court if that is why you are making it.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 12 months ago.
Hi Legal Ease,I know it is legal to record, but is it legal to deny that you are recording, or imply you are not with the intent that the other party infer you are not?Say I and recording and the other party asks if I am recording, could I answer to the effect of "Do you really think I would do that?" or something to that effect? Would I be at a legal risk in doing so?My thanks for your reply, but this second part of my question is far more important.My thanks!
Expert:  Debra replied 12 months ago.

There is no legal risk to doing that in the sense that you cannot be charged.

But there are times when it could put you at risk in another way. For example, if an employee does this to his employer he can be dismissed. He cannot be charged though.

Do you see what I mean?

Expert:  Debra replied 12 months ago.

Is there anything more I can help you with at this point in time?

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