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From one-party consent and workplace recordings to privacy expectations in public and the ethics of pressing “record,” here’s what Torontonians need to know about the legality of recording conversations.
The One-Party Consent Rule: Can You Legally Hit Record?
Imagine you’re feeling threatened during an argument or you witness a potential crime – is it legal to start recording? In Ontario (and all of Canada), the law generally says yes, as long as you are one of the participants in the conversation. This principle is known as the “one-party consent” rule. It means that any person who is a party to a conversation can legally record it without asking the other people involved. Jeremy Diamond, a Toronto personal injury lawyer at Diamond and Diamond Lawyers, notes that the “short answer is yes” – you usually can record for your protection – “but it’s essential to consider the potential outcomes”. In other words, just because it’s legal doesn’t always make it the best choice in the moment (more on that later).
Under Section 184 of Canada’s Criminal Code, secretly intercepting or bugging a private conversation that you’re not involved in is a criminal offence – it’s prohibited to record others without at least one person’s consent. In fact, doing so (for example, hiding a recorder to eavesdrop on two other people) can lead to serious penalties, including up to five years in prison. But if you are one of the people in the discussion, the law views you as having given consent to your own recording, and therefore no additional permission is required. This applies to in-person talks, phone calls, video chats – any communication where you’re a participant. So, if you’re on a phone call or meeting and hit the record button, you’re not breaking any Ontario law by doing so as long as you’re part of that conversation.
It’s worth noting that while you don’t have to tell someone you’re recording in these situations, the context matters. Conversations in which people expect privacy (for example, a private office meeting or personal call at home) are protected by this one-party consent rule only for participants – any outsider recording them is clearly illegal. The bottom line is that in Ontario you have the right to record your own interactions for your safety or evidence. The law is on your side in that regard, but using that recording later (in court, for instance) may raise other legal questions about admissibility – each case is unique. Jeremy Diamond emphasizes that while such recordings can become powerful evidence, “each case’s specifics determine their admissibility and impact”, so it’s wise to consult a lawyer if you plan to use a recording in a legal dispute.
Recording at Work: Big Benefits, Big Risks
The workplace is one area where many people consider recording conversations – think of an employee gathering evidence of harassment, or a worker recording a disciplinary meeting with HR. Legally speaking, the same one-party consent rule applies. If you’re in a meeting or phone call at work, you are allowed to record it without informing your boss or colleagues, so long as you yourself are a participant. There is no specific Ontario law banning employees from secretly recording conversations that they are part of. In fact, these recordings sometimes become crucial evidence in cases of workplace disputes or wrongful dismissal.
However, just because it’s lawful doesn’t mean it’s consequence-free. Many employers consider secret recordings a breach of trust. Canadian courts have found that making surreptitious recordings at work can be valid grounds for dismissal in certain circumstances. For example, if an employer discovers an employee has been routinely recording co-workers or management without consent, that act could “undermine the relationship of trust” and possibly amount to just cause for termination. In one recent case, a B.C. company successfully argued that an employee’s secret recordings of colleagues violated the company’s code of conduct and integrity policies – the court agreed it was serious misconduct. The lesson for workers is that while you won’t be charged with a crime for recording a meeting you’re in, you could lose your job over it if your employer sees it as deceptive or harmful to workplace morale.
It’s a bit of a tightrope. If you’re experiencing harassment or discrimination, recording interactions might be the only way to prove it happened. There have been cases where such recordings helped an employee substantiate claims of abuse or improper behavior. On the flip side, if an employer has a clear policy against recordings or you record confidential information, it could backfire on you. Jeremy Diamond advises employees to weigh their options carefully and, if possible, seek legal advice before hitting record in a workplace context. “In sensitive workplace situations, you have to balance protecting yourself with maintaining trust,” Diamond says. The safest route, if you feel the need to record a work conversation, is to understand why you’re doing it and be prepared to defend that decision. And remember, employers themselves should generally not secretly record employees’ private conversations either – they’re bound by the same Criminal Code rules. (Open surveillance cameras in public-facing areas are a different matter, but an employer cannot bug your office or record audio of your private chats at work if they’re not part of it, without violating the law.)
Public Spaces vs. Private Places: Expectation of Privacy
What about recording people in public – say, on the street or the TTC? In public settings, the law gives more leeway. Canadian law recognizes that people have a lower “reasonable expectation of privacy” in public spaces. That means if you’re out and about in Toronto – walking in a park, at Yonge-Dundas Square, in a restaurant – generally you can be photographed or recorded by others. Recording in public places is lawful in most cases, as long as you’re not violating someone’s intimate privacy. For instance, if you witness a dramatic incident or an act of harassment on a downtown sidewalk, you are within your rights to film or record it. In fact, many viral videos of public altercations or wrongdoing have been recorded by bystanders, and this is perfectly legal.
Even at public meetings of government bodies, recording is usually allowed – and can be important for transparency. A recent example comes from Waterloo Region: the Catholic school board there tried to ban the public from recording its open meetings, sparking public and legal scrutiny. The pushback was immediate, as community members and media argued that video evidence is vital for keeping public institutions accountable. (Faced with criticism, the board reconsidered that stance.) This shows that in open, public scenarios, attempts to curtail recordings generally don’t sit well, and the law tends to favor the public’s right to document events.
On the other hand, there are clear lines you cannot cross. Everyone has a strong expectation of privacy in places like their home, a private office, a bathroom, or any space assumed to be secluded. Secretly recording someone in such a private setting – especially if it involves personal or sensitive matters – is likely illegal and can even be a criminal offence. A notorious case in Montreal highlighted this darker side: an individual was criminally charged for voyeurism after surreptitiously recording people in a situation where they expected privacy. (In that case, the recordings were not for self-protection at all, but an invasion of privacy.) This kind of misuse of recording devices “violates privacy” and underscores the need for balance between safety and privacy rights. Simply put, you can film the public space around you, but you can’t intrude on someone’s private sanctuary with a hidden camera.
If you’re recording in public, also be mindful of civil repercussions. While it’s not a crime, using someone’s image or voice publicly (say, posting a video of a stranger online) could lead to civil lawsuits in some cases – for instance, if the recording is defamatory or portrays them in a false light. But as a general rule, anything visible or audible in a public place can be recorded. Just remember that how you record matters too: sticking a phone camera inches from someone’s face could lead to confrontation or even a harassment complaint against you. It’s always best to keep a respectful distance.
The Ethics of Recording: Just Because You Can, Should You?
Legal or not, pulling out a recording device in an interpersonal encounter raises ethical questions. Jeremy Diamond cautions that hitting “record” can sometimes escalate an already tense situation if the other person notices. For example, if you’re in a heated argument and suddenly hold up your phone, the person angering you might feel provoked or threatened by being recorded. “Recording someone can sometimes exacerbate a situation,” Diamond explains – an agitated person may become even more aggressive when a camera is pointed at them. Your safety should come first. No piece of evidence is worth endangering yourself, so use discretion. If possible, record discreetly (e.g. audio on your phone in a pocket) rather than overtly, or wait until you are at a safe distance to start filming. Canadian law doesn’t require you to announce that you’re recording, and from an ethical standpoint, secrecy might actually keep a volatile situation calmer in the moment.
There’s also the matter of trust. In personal relationships – between friends, family members, or partners – secretly recording conversations can be seen as a betrayal. You might be legally within your rights to tape a difficult conversation with a loved one, but if they discover you did so, the relationship could be irreparably damaged. Ethically, people expect a level of privacy and honesty in personal interactions. Constantly recording those around you can erode social trust, making others feel they must “watch what they say” at all times. So, consider whether hitting record is truly necessary. Is there a pattern of abusive or dangerous behavior that justifies it, or are you merely trying to catch someone in a minor lie? The ethical rule of thumb: reserve recordings for when you genuinely need proof to protect yourself or others – not for trivial disagreements.
Another consideration is privacy laws beyond the Criminal Code. While one-party consent covers criminal legality, privacy legislation could come into play in certain scenarios. For instance, businesses often announce “this call may be recorded for quality purposes” – not because they must get your consent to record (as a party to the call they technically don’t), but as a courtesy and a best practice under privacy guidelines. Similarly, if you plan to share or publish a recording of someone, privacy laws like the federal Personal Information Protection and Electronic Documents Act (PIPEDA) may impose obligations if it’s in a commercial context. The ethics and etiquette in these situations suggest you should inform people or blur identities if appropriate. In short, use your judgment: just because you have the legal right to record doesn’t always mean it’s the right thing to do.
Using Recordings Wisely and Knowing Your Rights
In the era of smartphones, recording audio or video has become a common way to protect oneself and gather evidence. In Toronto and across Ontario, the law is relatively friendly to those who record their own conversations – thanks to one-party consent, you can legally do so without the other person’s knowledge in most cases. These recordings can prove invaluable, whether you’re documenting harassment on the street or a critical interaction at work. However, the power to record comes with responsibility. Always consider the context and possible fallout. Ask yourself: Am I doing this for the right reasons? Is there a safer or more straightforward way to handle this situation? If you decide to record, try to keep it as safe and unobtrusive as possible (for example, Diamond and Diamond’s legal team recommends recording from a safe distance when circumstances allow). And once you have that recording, handle it carefully – it’s not something to flaunt or misuse.
Remember that every situation is unique. The legality might be clear-cut, but the wisdom of recording is a case-by-case call. Jeremy Diamond stresses that if you’re unsure about your rights or how to use a recording, getting professional legal advice is never a bad idea. “Each case’s specifics determine their impact,” he notes, and a lawyer can help you understand if your secret recording will help or hurt your cause. In some scenarios, there may be better solutions or additional steps to take alongside (or instead of) recording.
For those looking to be prepared, it’s also useful to know your rights in general. Resources like Diamond and Diamond’s guides (for example, a recent Know Your Rights guide on handling a car accident report ) show how evidence – including recordings – can be a powerful tool in protecting yourself. The key is to use that tool wisely. A recording can provide clarity and proof when it’s most needed, but always measure the situation’s dynamics first. By understanding when and how recording is legal in Ontario, and by approaching it with caution and ethics in mind, you can protect yourself while still respecting the rights and privacy of others. In the end, it’s about finding the right balance – staying safe, staying within the law, and doing what’s justifiable and fair in each circumstance.
About Jeremy Diamond
Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.
