To my understanding call recording is legal in Canada, even if the other person isn't aware of it. I am going through arbitration, and someone I spoke with said "there is to be no recording of this or any other calls". Must I follow this instruction? If someone expressly states they do not wish to be recorded, is recording the conversation illegal?
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someone I spoke with said "there is to be no recording of this or any other calls". Must I follow this instruction?
Although, in Canada, there is no requirement on you to obtain consent to make recording, this explicit objection creates a hurdle. If you simply ignore the objection and record the conversation anyway without letting the objecting party know, you may give them a ground for a claim under the breach of confidence doctrine.
The safest move would be to reply:
No. There will be recording of this and any other calls.
It will be then up to them to hang up. If they don't, they lose all grounds for any claims.
Greendrake
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In the US, if someone objects to a call being recorded, their sole recourse is to end the call. If it is a two-party state the person recording must notify the other parties, and if they continue the call after being notified, they have consented, even if they object verbally. In a one-part state, the party making the recording need not notify the other parties.
Canada has a 1-party rule, but I am not sure if an explicit objection requires the person recording to either stop recording, or notify the other parties.
David Siegel
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