There is no better evidence than using someone else’s own words. If you want to prove your point in court, there are times when it is legal to tape someone to play back as evidence, and then there are times when taping someone in Canada can get you into some significant legal trouble.
Knowing what the difference is can save you a whole lot of legal expense. If you have a conflict with someone at work, it might be tempting to tape your boss, but it is only legal under particular circumstances.
When you can tape your boss or a coworker
If you are having personal or professional issues at work, a surefire way to prove your case is to use the other person’s own words or actions. But, the only time that you are legally allowed to tape someone is if:
- You let the other person know that you are going to be recording them and gain their consent to do so
- You aren’t an employee within the organization, or acting as a manager or member
- You are the only one who intends to see the communication recorded
The basic laws regarding in Winnipeg video surveillance and recording other individuals is that it is illegal to intercept or to tape any private communication between two parties. Intercept means that you listen to a conversation, record it, or acquire it. For all intent and purposes, you are not allowed to listen to or record someone else’s conversation.
When it comes to talking to someone directly, you are allowed to record your conversion due to the “one-party consent” rule, which means that if you let someone know that they are going to be recorded and they consent, then it is legal for you to do so.
If you record more than one person in a work setting, then it is necessary to gain the consent of all parties present for your recording to be legal.
What is the difference between police wiretaps and workplace conversation?
Police officers in Canada are not permitted to listen to someone else’s communication or to “bug” a conversation unless they have obtained a warrant to do so. Since officers are an agent of the state, it is much harder for them to get permission to listen in on or to record any multiparty conversations.
So can you record a conversation at work?
To determine if you can record a conversation at work with your boss or your coworkers, you need to ask the following questions:
- What is your intention, what do you want to do with the recording?
- How will the other people, who are in your recording, react when they find out?
- Will recording help your situation, or will it make it worse?
- Are there other people, likewise, recording the meetings or conversations?
If you are going to tape a meeting or a conversation, it is imperative to protect yourself. The best way to protect yourself and ensure that you are staying within your legal rights is by informing anyone who might be captured on tape of your intentions.
If you record things, then it is possible to rub people the wrong way and increase suspicions and destroy trust. Also, you will want to know if there are any specific organizational rules about recording correspondence, meetings, or conversations.
Since recording and surveillance laws might differ from province to province, it is essential to know what is and what is not legal according to the laws where you work.
Can you be sued for recording someone?
If you choose to record someone without their permission, not only is it illegal, it can lead to a tort case against you. According to the Ontario Court of Appeal, it is possible to sue someone in court for unwittingly recording them if that recorded transmission is used to for unauthorized use, is highly intrusive, if the subject matter was supposed to be private, and if it caused damage, suffering, or anguish to the person who was recorded without consent.
If you want to prove evidence against your boss or your organization, then think twice before taping them without consent. Taping them without permission is not only illegal, but it can also lead to financial ruin if they choose to sue you.
