Key Takeaways
- One-party consent in Canada allows you to record a conversation only if you’re a participant or have permission from one party (Section 184(2) Criminal Code).
- Secretly recording private conversations you’re not part of is illegal and can lead to criminal charges and jail time.
- Video or audio recording in private spaces (like bathrooms or bedrooms) can violate privacy laws and trigger voyeurism offences under Section 162.
- Even if no criminal offence is committed, civil lawsuits for privacy breaches are possible.
- Publishing intimate recordings without consent can result in up to 5 years in prison under Section 162.1.
- Edge cases like public recording, workplace surveillance, and recording family disputes may fall into grey zones and require careful legal consideration.
- Always verify the legal context before recording — violating privacy law in Canada can result in harassment, voyeurism, or child pornography charges.
Table of Contents
- Recording Someone Without Consent in Canada is Sometimes Legal
- Legality of Audio vs. Video Recording in Private Places
- Risky Situations: Edge Cases to Be Aware Of
- Know the Cost of Hitting “Record”
- Frequently Asked Questions about Recording Someone in Canada
Recording without consent may seem necessary or even justified, perhaps for legal or insurance-related reasons. But before you grab your device and hit “record,” it’s essential to learn the privacy laws in Canada and what they allow.
The legality of recording others can be unclear. Not only is there complicated legal jargon, but there are situational nuances that can be difficult to understand. On top of that, the context under which a person is recorded can be the difference between walking free and spending several years in jail.
In this article, we’ll shed light on whether it’s against the law to record someone without consent in Canada. We’ll answer the following questions and more:
- Can you film people in public?
- Is it illegal to film someone without their consent?
- Can police record you without permission in Canada?
- Can I record a conversation in Canada?
Recording Someone Without Consent in Canada is Sometimes Legal
First and foremost, is it illegal to video record someone without their permission? It hinges on the circumstances and context. Ask yourself whether the recording is happening in a public or private setting. Public recording is generally permissible, but private recording is problematic from a legal standpoint.
Recording a private conversation using an electromagnetic, acoustic, mechanical, or other device is considered a crime under Section 184 (1) of the Criminal Code of Canada. This means that if others are having a private conversation, you may be held criminally liable if you record them.
The penalty attached to this offence is up to 5 years in prison, shorter jail sentences, fines, or probation.
We’ll touch on privacy laws in Canada regarding recording, hidden camera laws in Canada, and more in the following sections.
One-Party Consent in Canada
There’s a provision in Canada called the one-party consent rule – it’s an exception to Section 184 (1) of the Canadian Criminal Code. Section 184 (2a) of the Criminal Code states you can record a private conversation if:
- You’re part of the conversation.
- Someone asked you to record the conversation or gave you direct or implied permission to record them.
Other exceptions to Section 184 (1) of the Criminal Code can be found on the Canadian Justice Laws website.
Legality of Audio vs. Video Recording in Private Places
You might wonder, “Is it illegal to video record someone without their permission in private places?” or “Is call recording legal in Canada when not in a public place?” Here’s what you need to know about the legality of audio vs. video recording in private.
If there’s a reasonable expectation of privacy (like in someone’s home, in a bathroom, or in a changing room), you could be in legal trouble for video and audio recording without consent in Canada.
Criminal Offences: Voyeurism And Non-Consensual Distribution Of Intimate Images
According to Section 162 of the Criminal Code of Canada, voyeurism is a criminal offence. You cannot legally film someone in an intimate situation without getting their consent.
The following situations qualify as intimate when it comes to audio and video recording without consent in Canada:
- The person expects to have privacy
- The person’s private areas are exposed
- The person is somewhere where sexual activity might occur.
According to the criminal code, voyeurism comes with a penalty of up to 5 years in prison or a summary conviction.
You can find legislation concerning the non-consensual distribution of intimate images in Section 162.1 of the Criminal Code of Canada. It’s illegal to publish, distribute, transmit, sell, or advertise an intimate image of someone else (exposing sex videos, for example) without getting consent from those who appear in it. If you illegally record sex videos, you may be sentenced to up to 5 years behind bars or a summary conviction.
Under this context, intimate means that the person is:
- Nude or exposing private areas
- In a situation where privacy would reasonably have been expected. Maybe they were in the bathroom or bedroom.
- Expecting, at the time the image is shared or used, that it will be private.
Sometimes, recording someone in a private place might not be considered legal voyeurism. Even in these cases, there’s still a risk of being sued for breach of privacy or civil liability.
Risky Situations: Edge Cases to Be Aware Of
There are many gray areas when it comes to issues of recording others.
- Recording in public. You may violate the law by inadvertently recording a private conversation you’re not a part of. And if you bother someone to the point that they feel threatened, you could be hit with a criminal harassment charge, which carries a penalty of 10 years imprisonment per Section 264 of the Criminal Code of Canada.
- Recording or filming without consent at work. Recording coworkers or managers may be against company policies or considered to be a privacy breach in Canada.
- Recording during family disputes. Although surreptitious recordings of family disputes may be legal, the resulting recordings may not be admissible in court.
Examples of Legal vs. Illegal Recording in Canada
| Scenario | Legal? | Explanation |
|---|---|---|
| Recording a conversation you’re part of | ✅ Legal | Covered by one-party consent rule (Section 184(2)(a)) |
| Recording others’ conversations privately | ❌ Illegal | Criminal offence under Section 184(1) |
| Hidden camera in private space | ❌ Illegal | Violates Section 162 (Voyeurism) |
| Filming people in public | ⚠️ Contextual | Legal generally, but not if it includes private conversations |
| Recording phone calls you’re in | ✅ Legal | As long as one party consents |
| Secretly recording workplace meetings | ⚠️ Risky | May violate company policy or privacy laws |
| Recording family disputes | ⚠️ Admissibility issue | May be legal, but not always admissible in court |
Know the Cost of Hitting “Record”
The costs of illegal video recording can be steep. If you remember nothing else, remember to always think twice before filming or recording anyone, especially in a private space. Even when your intentions are pure, violating one of the laws outlined above could result in a criminal harassment charge or violations for child pornography, voyeurism, and more. You need a professional criminal or sexual assault lawyer in Mississauga. We understand the complexities of privacy breaches and illegal surveillance in Canada, and we utilize this knowledge to fight for clients throughout the GTA, Newmarket, Richmond Hill, Barrie, Scarborough and other Ontario areas! Book a free consultation today!
Frequently Asked Questions about Recording Someone in Canada
Is it legal to record a conversation without consent in Ontario?
Laws concerning the recording of conversations are governed by the Criminal Code of Canada, Section 162. Recording these conversations is only legal when you’re part of the conversation or have obtained consent from one of the parties being recorded (except when one of the above-mentioned exceptions applies).
Where Can I Find Information on Hidden Camera Laws in Canada?
Hidden camera laws are covered in the Criminal Code of Canada, Sections 162 (voyeurism) and Section 184 (intercepting communications). You generally cannot put hidden cameras in private places.
Can you legally record someone in public in Canada?
Generally yes, but only video — and only when there’s no expectation of privacy. Be careful not to record private conversations you’re not involved in, or situations where a person could expect discretion (like breastfeeding, arguing, etc.).
Are hidden cameras legal in Canada?
Hidden cameras are illegal in private places like homes, washrooms, and dressing rooms. Section 162 of the Criminal Code defines such acts as voyeurism, which is a criminal offence punishable by up to 5 years in prison.
Can you record someone at work without their consent?
Usually not. Secretly recording coworkers or management may violate company policies or lead to civil claims for privacy breach in Canada, especially in unionized or regulated workplaces.
Are recordings admissible in family court or civil cases?
Sometimes. Even if the recording is legal under one-party consent, judges in family disputes may reject it if it was made secretly or violates ethical standards. Admissibility is up to the court’s discretion.
What are the criminal consequences of illegal recording?
Illegally recording someone can lead to charges for criminal harassment, voyeurism, or even child pornography if minors are involved. Penalties include fines, jail time up to 10 years, or registration as a sex offender.
