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    JoeCanada76's Avatar
    JoeCanada76 Posts: 6,669, Reputation: 1707
    Uber Member
    		  
    #1

    Mar 10, 2007, 04:11 PM
    Voice Recorder
    I need somebody like Captain to answer, but I will appreciate anybodies advice.

    Is it illegal to voice record somebody without them knowing especially if it is to protect say myself?

    Lets just say I have some real good evidence and if I have to I will use it but I need to find out if it would be allowed as evidence.

    Joe
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Mar 10, 2007, 04:19 PM
    The laws vary on this from state to state. Not sure about in Canada. Some places do make it illegal.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
    Ultra Member
    		  
    #3

    Mar 10, 2007, 04:22 PM
    Joe, yes you would need someone who is familiar with Canadian Law. Not knowing exactly how you recorded and under what circumstances makes it difficult for anyone to answer without a doubt.

    I found this info. Don't know if it will help you but I figured I would throw it out there:

    Canada

    Canadian federal law requires one-party consent for telephone call recording. Please refer to provincial laws for more information.

    It is sometimes legal to record somebody's conversation without his consent in case of a crime. In Canada, illegally obtained evidence is never automatically excluded. Rather, if someone's rights have been violated, the evidence shall only be excluded "where it would bring the administration of justice into disrepute" (Canadian Charter of Rights and Freedoms). So each illegally obtained wiretap would be considered individually.

    I also found this:

    Canadian Charter of Rights Decisions Digest - SECTION 24 (2)
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member
    		  
    #4

    Mar 10, 2007, 06:26 PM
    Hey Joe,

    From what I have read about this just now on the net…

    Taping a conversation you have with someone else IS legal.

    It becomes a bit iffy if the recording will be admissible into a criminal case, but most likely a civil one if it can be authenticated.

    babble: Is it legal to record phone conversations in Canada without the 2nd party's consent?
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