Canada follows a one-party consent rule under s. 184(2) of the Criminal Code: you can legally record a private conversation only if you are a participant or one party consents. Secretly recording a conversation you are not part of is a criminal offence under s. 184(1), punishable by up to 5 years’ imprisonment. Recording in places where someone has a reasonable expectation of privacy, such as bathrooms, bedrooms, change rooms, can constitute voyeurism under s. 162, and after R v Jarvis (2019 SCC 10), that expectation can extend to public and semi-public spaces. Sharing intimate recordings without consent is a separate offence under s. 162.1, and as of 2026, the Protecting Victims Act (Bill C-16) extends that offence to AI-generated sexual deepfakes and makes threatening to share an intimate image a crime in itself.
These Criminal Code rules apply identically in Ontario and every other province. If you are facing allegations involving illegal recording, voyeurism, or intimate-image distribution, or you have been recorded without your consent, speak to a lawyer before the situation escalates.
Key Takeaways
- One-party consent: recording a private conversation is legal only if you are a participant or one party consents (s. 184(2)). Intercepting other people’s communications is a crime punishable by up to 5 years.
- Ontario has no separate recording statute — the federal one-party consent rule applies across Canada.
- Location matters: recording where someone has a reasonable expectation of privacy can be voyeurism (s. 162), even in semi-public places after R v Jarvis.
- Sharing intimate recordings without consent is an offence under s. 162.1 — up to 5 years.
- New in 2026: Bill C-16 (in force July 18, 2026) expands “intimate image” to cover AI deepfakes and “nearly nude” synthetic images, criminalizes threatening to distribute an intimate image, and requires platforms to remove offending images within 48 hours of valid notice.
- If you were recorded unlawfully, you may have both criminal and civil remedies — including the Ontario tort of intrusion upon seclusion.
- A legal recording is not always a useful one: admissibility, workplace policies, and privacy statutes are separate questions.
“Clients often come to us convinced that hitting ‘record’ was the safe choice. The hard truth is that, in the wrong context, the same recording becomes the basis for a criminal charge or a sex-offence allegation. Where you record, who you record, and what you do with it afterward are three separate questions, and the law treats each one differently. Get advice before you press record, not after.”
The Core Rule: One-Party Consent Under Section 184
Section 184(1) of the Criminal Code makes it a crime to wilfully intercept a private communication using any device. 184(2) creates the exception that makes most everyday recordings lawful: you may record if you are a participant or if one party consents. In practice, you may record your own phone calls and meetings you attend, even without telling others. You may not record a conversation between other people, plant a device in a room you are not in, access someone else’s voicemail, or use “spy apps” to monitor another person’s communications. The maximum penalty for unlawful interception is 5 years. Possessing devices designed primarily for surreptitious interception is a separate offence under s. 191.
Is Ontario a One-Party Consent Province?
Yes, Ontario follows the federal one-party consent rule because the Criminal Code applies in every province and there is no separate Ontario recording statute. The s. 184(2) exception works the same in Toronto, Brampton, or Ottawa as anywhere in Canada. What varies between provinces is the privacy law that applies to organizations: businesses recording calls must comply with federal PIPEDA (in Ontario) or the provincial privacy statutes in B.C., Alberta, and Quebec, which is why customer-service calls announce that they may be recorded. For individuals recording their own conversations, the rule is the same coast to coast.
Where You Record Matters: Privacy Expectations and R v Jarvis
Even a recording that passes the one-party consent test can be criminal if it is made in a place where someone has a reasonable expectation of privacy, and since R v Jarvis (2019 SCC 10), that expectation is not erased simply because the person is in a public or semi-public place. In Jarvis, a teacher secretly filmed students’ chests with a pen camera at school; the Supreme Court held that privacy protection follows the person, not the location. Courts now weigh the place, the relationship between recorder and subject, what was recorded and how, the purpose, and applicable rules such as school or workplace policies. Recording in bathrooms, bedrooms, change rooms, or medical settings will almost always cross the line and “I was in public” is no longer a complete answer anywhere else.
Voyeurism and Intimate Recordings: Sections 162 and 162.1
Surreptitiously observing or recording a person where they have a reasonable expectation of privacy can be voyeurism under s. 162 up to 5 years and sharing an intimate image without consent is a separate offence under s. 162.1, whether or not the original recording was lawful. Voyeurism applies where the place is one where nudity or sexual activity can be expected, where the person is nude or exposed and the recording targets that, or where the recording is made for a sexual purpose. Consent to being present is not consent to being recorded. A voyeurism conviction can bring SOIRA sex-offender registration consequences, DNA orders, and lasting employment and travel fallout.
New in 2026: Deepfakes, Threats, and Takedowns Under Bill C-16
As of July 18, 2026, the Protecting Victims Act (Bill C-16) extends Canada’s intimate-image offence to AI-generated content: sexual deepfakes including “nearly nude” synthetic images now fall within s. 162.1, and threatening to distribute an intimate image is a crime even if nothing is ever shared. Three changes matter most:
- Deepfakes covered. The definition of “intimate image” now expressly includes images created or altered by artificial intelligence that realistically depict a person nude, nearly nude, or engaged in sexual activity — closing the loophole for synthetic content made from an ordinary social-media photo.
- Threats are now an offence. Threatening to share an intimate image — real or synthetic — is criminal even without any demand for money or further images, going beyond traditional extortion-based sextortion, with penalties of up to 10 years on indictment.
- Platform takedowns. Platforms must remove offending intimate images within 48 hours of a valid notice, giving victims a concrete escalation tool.
For anyone accused, allegations involving manipulated images are now squarely criminal territory, and for anyone victimized, the law finally matches the technology. The government’s summary is on the Department of Justice Bill C-16 page.
What Can You Do If Someone Recorded You Without Your Consent?
If you were recorded or filmed without consent in Canada, you may have three parallel remedies: a police report where the recording was criminal, a civil claim for invasion of privacy, and, for intimate images, a 48-hour platform takedown demand. In order:
- Preserve the evidence. Screenshots, URLs, usernames, dates, and any messages about the recording — before content is deleted.
- Report criminal conduct to the police. Interception of your private communications (s. 184), voyeurism (s. 162), intimate-image distribution or threats (s. 162.1) are police matters.
- Demand removal from platforms. For intimate images, the C-16 takedown obligation applies; report, document the notice, and escalate if the 48-hour window passes.
- Consider a civil claim. Ontario recognizes intrusion upon seclusion (Jones v Tsige, 2012 ONCA 32), and public disclosure of private facts; several provinces have statutory privacy torts.
Can You Sue Someone for Recording You Without Permission in Canada?
Yes, a civil lawsuit is available in many cases, separately from and in parallel with any criminal process. The main causes of action: intrusion upon seclusion (recognized in Ontario since Jones v Tsige, with damages that are typically modest but real), public disclosure of private facts where recordings were shared, statutory privacy claims in B.C., Manitoba, Saskatchewan, and Newfoundland and Labrador, and defamation where a recording was edited to mislead. A recording’s criminal legality and its civil consequences are separate questions — a lawful one-party recording can still give rise to liability if what you do with it invades privacy or breaches confidence.
Phone Calls, Workplaces, and the Grey Zones
You may record your own phone calls and the meetings you attend, but “legal under the Criminal Code” does not mean consequence-free. Employers and organizations that record anyone must comply with PIPEDA or provincial privacy statutes (purpose, notice, consent). Employees who covertly record workplace meetings rarely commit a crime but can face dismissal for breach of trust, regulatory consequences in licensed professions, and skepticism about the recording as evidence. Family courts often view covert spousal recordings with disfavour. And tapping anyone else’s line or voicemail is always an offence.
Quick Reference: Legal vs. Illegal Recording in Canada
| Scenario | Legal? | Why |
|---|---|---|
| Recording your own phone call | Legal | One-party consent (s. 184(2)) |
| Recording two other people’s conversation | Illegal | s. 184(1) — up to 5 years |
| Hidden camera in a bathroom or bedroom | Illegal | Voyeurism (s. 162) |
| Filming people on a public street | Contextual | Depends on privacy expectations and conduct (Jarvis) |
| Recording a workplace meeting you attend | Risky | Legal under s. 184; policy, PIPEDA, and job consequences apply |
| Sharing intimate recordings without consent | Illegal | s. 162.1 — includes AI deepfakes since Bill C-16 |
| Threatening to share an intimate image | Illegal | New offence under Bill C-16 (2026) |
| Persistent filming of someone who asked you to stop | Illegal | Criminal harassment (s. 264) — up to 10 years |
Charged With a Recording Offence? What to Do Right Now
- Do not unlock or hand over devices and do not consent to searches — speak to a lawyer first.
- Give no statement. Explanations about purpose or intent are exactly what these prosecutions are built on.
- Do not delete anything. Deletion can become an obstruction and destroy context that may help you.
- Preserve your own context — why, where, and how the recording was made often decide whether an offence exists at all.
- Retain counsel early. Charter challenges to device searches, the Jarvis privacy analysis, and intent issues have to be developed before charges harden.
Common defence routes include the absence of a reasonable expectation of privacy, one-party consent, no sexual purpose (for voyeurism), Charter breaches in device seizures, and challenges to identification and metadata. Recording cases is technical, and details win them.
Contact Vilkhov Law
Recording-related allegations sit at the intersection of criminal law, privacy law, and fast-moving technology and the first 48 hours of an investigation matter most. Vilkhov Law’s criminal defence team handles interception, voyeurism, and intimate-image matters across Toronto and the GTA. Contact us for a confidential consultation.
Frequently Asked Questions
Is it illegal to record someone without consent in Canada?
Not always. Under the one-party consent rule (s. 184(2)), recording is legal if you are a participant in the conversation or if one party consents. Recording a private conversation you are not part of is a criminal offence punishable by up to 5 years.
Is Ontario a one-party consent province?
Yes. The federal Criminal Code rule applies in Ontario and every other province; there is no separate Ontario recording law. If you are part of the conversation, you may record it.
Can I sue someone in Canada for recording me without my permission?
Often, yes. Ontario recognizes intrusion upon seclusion (Jones v Tsige), and B.C., Manitoba, Saskatchewan, and Newfoundland and Labrador have statutory privacy torts. Civil claims can run alongside any criminal process.
What can I do if someone recorded me without my consent?
Preserve the evidence, report criminal conduct (interception, voyeurism, intimate-image offences) to police, use the 48-hour platform takedown rule for intimate images, and consider a civil privacy claim. A lawyer can coordinate all three tracks.
Can I secretly record a phone call I am part of?
Generally, yes, under s. 184(2). But how you later use or share the recording can create civil, workplace, or evidentiary problems. Legality and usefulness are separate questions.
Are deepfake nudes illegal in Canada?
Yes. Since Bill C-16 (in force July 18, 2026), the intimate-image offence in s. 162.1 expressly covers AI-generated sexual images, including “nearly nude” depictions and threatening to share such an image is itself a crime.
Can my employer record me at work?
An employer that is a party to the conversation does not breach the Criminal Code, but organizations must also comply with PIPEDA or provincial privacy laws requiring purpose, notice, and consent. Workplace policies add obligations on both sides.
What should I do if I am charged with a recording-related offence in Ontario?
Contact a criminal defence lawyer before speaking to the police, unlocking devices, or contacting the complainant. These cases turn on details, privacy expectations, purpose, and consent, all of which are often decided in the first days of the investigation.
