Canadian Law on Phone Bugs

In Canada, you can bug a phone only recording your conversation.

According to Canadian Federal Law, a person may record, via electronic device, any conversation to which the recording person is a party without the consent of the other participants of the conversation. However, the interception, recording and use of private conversations without the consent of at least one party to the conversation has severe consequences.

One-Party Rule

Canadian federal law is similar to its southern neighbor on recording phone conversations.

Canadian Federal Law is very similar to U.S. laws regarding the recording of telephone calls. Basically, a person may record a telephone call without the permission of other parties to the conversation where he/she is also a party to the conversation. The principle is that only one party to the telephone conversation has to know that the conversation is being recorded and that person can certainly be the one who is actually doing the recording. The type of device used is irrelevant. Each political subdivision of Canada also has its own laws regarding telephone conversation intercept and recording.

Criminal Law and Penalties

Canadian law has tough penaties for surreptitious recording of private conversations.

Canadian criminal laws regarding eavesdropping and recording conversations without the permission of the participants of the conversation are quite severe. It is strictly prohibited for any person to intercept, via any means, a wire, oral, cable, written, or other private communication without the express permission of at least one party to the conversation or communication. This includes e-mails and chat room communications. A person convicted of violating this law faces up to five years of imprisonment and a fine. The fine is discretionary and can range from $1,000 CAN to $250,000 CAN.

Restitution and Civil Penalties

In addition to the fines and other penalties imposed by criminal courts, a violator of the Canadian laws regarding the unlawful interception of private conversations may be ordered, as part of his/her sentence, to repay any and all losses or damages sustained by any and all identified victims. The victims of an unlawful wiretap may also file a civil lawsuit against the violator for damages away and apart from any criminal proceeding related to an unlawful interception and use of recorded private conversations.

Unlawful Recordings as Admitted Evidence

In contrast to U.S. rules of evidence, Canadian law does not automatically exclude recordings that were obtained illegally. According to the Canadian Charter of Rights and Freedoms, evidence is excluded only when it would put the administration of justice in disrepute. This does not mean that the person who obtained the recording unlawfully is immune to criminal and civil penalties, either. However, in many cases, immunity is granted to such persons in exchange for testimony and the evidence.

Regulation of Devices

Most simple phone-adapted recording devices are legal in Canada. However, some devices that intercept cellular communication or decrypt telecommunication cyphers are regulated.

References

• Canadian Wire Tap Law
• Recording laws in Canada

Resources

• Canadian Criminal Code