canada recording phonecall
Can a party demand you not record their phone call?
<p>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? </p>

<blockquote>
  <p>someone I spoke with said "there is to be no recording of this or any other calls". Must I follow this instruction?</p>
</blockquote>

<p>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 <a href="https://en.wikipedia.org/wiki/Breach_of_confidence_in_English_law" rel="nofollow noreferrer">breach of confidence</a> doctrine.</p>

<p>The safest move would be to reply:</p>

<blockquote>
  <p>No. There <strong>will be</strong> recording of this and any other calls.</p>
</blockquote>

<p>It will be then up to them to hang up. If they don't, they lose all grounds for any claims.</p>

<p>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. </p>

<p>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.</p>
