A frequent task Gilliam Burke Investigations will be asked to perform by a prospective client is recording a telephone or in-person conversation.
We’ve discussed on this blog before misconceptions about private investigators, and privacy laws in Alberta, but this is a specific point of interest.
The fact of the matter is, unless the investigator is one of the individuals involved directly in the conversation, this is illegal in Canada. It is considered illegal wiretapping under the Canadian Criminal Code, and punishable up to five years in prison. That means the recording of a telephone conversation, an in-person conversation, or text messages, if recorded by a party that is not involved in that conversation, is illegal. A private investigator involved in illegal wiretapping would not only lose their license, but potentially face prosecution and actual jail time. The client, since the private investigator is acting as an agent of the client, could also be considered liable for criminal prosecution.
No licensed, and ethical private investigator will be involved in illegal wiretapping, or allow their client (or a third-party designated by them) to make and use such recordings.
The good news is, if the private investigator is directly involved (either on the phone, receiving text messages, or in-person), they are legally allowed to record any conversation that takes place – in Canada, if at least one party consents to the conversation, it is not considered illegal wiretapping.