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Home / canada / Legally whether it secretly record telephone calls as Jody Wilson Reybuld done? What you need to know – The National

Legally whether it secretly record telephone calls as Jody Wilson Reybuld done? What you need to know – The National


Former Attorney General Jody Wilson Reybuld ignited a storm of an already heated scandal SNC-Lavalin on Friday, showing that she was secretly recorded phone call with the Clerk of the Privy Council, Michael Vernikov.

Recording 17 minutes reserves February 26 testimony of Wilson-Raybould in the House of Commons Justice Committee, in which it claimed that the believer has hinted that her work as Minister of Justice will be in jeopardy if it does not intervene in the prosecution SNC -Lavalin.

MORE: "All of this screams" political interference – Wilson-Raybould in believeth on SNC-Lavalin tape

Lawyer Believers in the record considered by Wilson-Raybould on call as "unacceptable". Indeed, Wilson-Raybould itself acknowledged that the call record was "extraordinary and other unacceptable step."

Society as a legal right of Ontario society, of which Wilson-Raybould with & # 39; is an honorary member, the lawyer prohibit recording of calls from customers without the written permission of the client.

Canadian Bar Association Code of Conduct also prohibits the entry of any lawyer without permission.

In her position as Attorney General and Minister of Justice, the Wilson-Raybould effectively been General Counsel of the Canadian government that has raised questions about how to record the conversation with the believer – is a violation of professional rules Client- – the top civil servant of the Government Attorney conversation.

WATCH: Justice Committee released a private telephone call between Wilson-Raybould, and believeth on SNC case

However, the controversy surrounding the decision of Wilson-Raybould to record a call have to do with the fact that it did so in his capacity as a lawyer and cabinet.

Laws governing the rights of individual Canadians and businesses are laid out in the Personal Information Protection and Electronic Documents Act (PIPEDA) The Criminal Code and provincial regulations.

Here is a general overview of what is working in Canada, Canadians and businesses can and can not do in relation to the recording of telephone calls:

private calls

Section 184 of the Criminal Code states that the recording of private conversations with the & # 39 is legitimate, as long as one of the parties involved in the call record consent.

This is called a "one party consent" exception.

This means that the person involved in the second call should be informed that the conversation is being recorded. If several people are involved in a telephone conversation, it's still legitimate one to write it without the knowledge of others.

Recordings made with consent of one of the sides may be used as evidence in court proceedings.

However, you can not intercept and record private telephone conversations of others. This can be imprisoned for up to five years.

WATCH: Facebook committing to new measures to ensure the confidentiality of the messenger


Laws governing the recording of telephone conversations, the company set PIPEDA, although exceptions apply in some provinces.

Under PIPEDA, businesses can record calls for the purposes of that with & # 39 are reasonable and appropriate, with the text of the manual placement of the law on the interpretation of what is acceptable and what is not.

Companies also need to ensure the consent of clients and show the purpose of recording. This can be done passively – for example, if you call your bank or mobile phone provider and get an automated message saying "This call may be recorded for quality control purposes", and you go with the call, your consent is implied.

Nevertheless, the enterprise call recording at a specified for the purpose of quality control is prohibited to use the account for other purposes, such as marketing and customer profiling.

MORE INFO: Air Canada app records your personal information – and you can not have no clue

PIPEDA also gives Canadians the right to request access to call records, although the Office particular Commissioner of Canada notes that Alberta, British Columbia and Quebec have their own laws on the confidentiality of the private sector, which can be used for PIPEDA.

There are several circumstances in which an entity may record telephone calls to clients without the client's consent. These include arrears collection calls made to investigate possible cases of fraud, and calls, where it is believed that informing the client that the conversation is being recorded can damage an organization's ability to get accurate information.

Canadians who have questions about the legality of recording phone calls and other privacy issues can contact the Office of the Privacy Commissioner of Canada.

– With files from the Canadian Press

© 2019 Global News, a division Corus Entertainment Inc.

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