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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?

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

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 breach of confidence doctrine.

The safest move would be to reply:

No. There will be recording of this and any other calls.

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

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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.

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.

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