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I am using a ZenPhone2 which I set to record all calls. I had a call with a sales person about a service I was interested in (i was the one that answered the call). This service offered was not what the sales person said would be offered. Can I use this call and send the person an audio snippet of the call to help my argument with this particular company?

The sales person did not know he was being recorded, nor was there any indication of any party doing any call recording.

Can this be done without any legal repercussions?

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The Canadian law governing interception of communication (wiretapping and recording) is explained here. Canada is a one-party country, so as long as one party (you, for example) consent, this would not be a violation of that statute. That source also believes (not unreasonably) that is would not constitute the tort of invasion of privacy since under the act

The nature and degree of privacy to which a person is entitled … is that which is reasonable in the circumstances, giving due regard to the lawful interests of others

(bearing in mind that is it allowed w.r.t. Section 184(1) of the Criminal Code: that is, it is reasonable to do so).

  • You are implicitly assuming that the other party was also in Canada - the law of their jurisdiction is applicable too. – Dale M Jun 1 '16 at 21:24
  • True, and if we learn that the call was to a 2-party state, I will amend. – user6726 Jun 1 '16 at 21:40
  • If this was a call Centre the odds are quite good that it was the Philippines, India etc. – Dale M Jun 1 '16 at 22:50
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    Canada's extradition treaties would probably preclude them shipping the accused off, since the treaties of theirs that I could find require the offense to be crime in Canada punishable by a year in the clink. One could always be sued, but there might not be law to enforce collection of a judgment – depends on where the other person is. – user6726 Jun 2 '16 at 0:52

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