Tips on Recording under Section 183.1 of the Criminal Code of Canada
1. When recording it is always best to Secretly Record. It is best to use 2 recorders, this way if one fails you have the recording from the backup recorder. If by chance your recorder is spotted and your asked to turn it off by CAS or Police do this in front of them, once they they think your guard is down then they are more apt to speak in an open manner, and the 2nd recorder will be getting it all. Again if possible make ALL recordings secretively. Never openly record as you will not get the worker acting in bad faith if they know they are being recorded.
2. Always remember to date stamp your recordings when you start your recorder with the time and date using your voice.
3. Try not to use a cellphone to record, if you have to, remember to put your phone into Airplane mode so that your phone does not ring or get a text message and stop the recording on you. It is best to use an Audio Recorder for this job.
4. Always try to get the worker or police to identify his or her name as proof they are the party in the recording.
5. If you are asked by your worker or police if you are recording you can answer NO.
6. Always make backups of your recordings daily and store a local copy in something like Google Drive, Drop Box or the Cloud and a copy of all recordings should be stored in a location off site as well where they can be retrieved at a later date if needed..
7. And remember, if CAS or Police make you delete a recording or video, it can be recovered with an SD Card Recovery Software Program, that will recover anything that has been deleted off the SD Card.
Remember: To do this under Section 183.1 of the Criminal Code of Canada you must be part of the conversation.
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Recording a Court Case - Ontario
You have the right to record your Court Case under "Exceptions" of Section 136.2(B) of the Ontario Courts of Justice Act with the authorization of the judge.
If the judge refuses your request to record to supplement your handwritten records you then have the right to ask the judge to recuse themselves from the case.
If the judge refuses to recuse themselves you have the right to report them to the Law Society of Ontario.
Remember: You cannot allow other people to listen to your court case recordings or publish them on any social media site.
