Clandestine recording of conversations has become easier than ever given the ubiquity of accessible technology, and this phenomenon has become increasingly common in the workplace. Recordings can constitute decisive evidence in support of allegations in the context of litigation. However, clandestine recording may infringe on certain fundamental rights and render the evidence inadmissible.
Generally speaking, the courts are of the opinion that the recording of a conversation by one of the participants does not constitute an invasion of the privacy of a person who is unaware of being recorded. Although the Court of Appeal of Quebec has described this practice as “indiscreet, inelegant, [and] undesirable”, clandestine recordings are generally admissible as evidence. However, the issue becomes more complex in the context of the workplace, where a surreptitious recording may be made by an employee who is not participating in the conversation. Which principles are applicable in this conte...


