Video recording has become a regular part of modern life. Phones, doorbell cameras, smart home devices, and workplace surveillance capture millions of moments every day. Most Canadians record or appear in recordings without thinking twice. But when someone feels uncomfortable or believes their privacy has been violated, one question quickly arises:
Is it illegal to record someone without their consent in Canada?
The answer depends entirely on
where
the recording occurs,
how
it is done, and
for what purpose
.
Canada does not ban all non-consensual recordings. However, several Criminal Code provisions — including criminal harassment, intimidation, and voyeurism — can make recording without consent a serious offence.
Importantly, a recording that seems legal in public may be criminal if it becomes threatening, persistent, sexually motivated, or targeted at a person with a reasonable expectation of privacy.
This comprehensive evergreen guide explains:
With decades of experience defending privacy-related and sexual offence allegations, the lawyers at Mass Tsang LLP understand how quickly an innocent recording can escalate into criminal charges.
As Managing Partner, Jeff Mass explains:
“People often assume that if they’re in public, anything goes. But Canadian law balances freedom of expression with privacy and safety. Context determines when a recording crosses the line.”
The legality of recording someone without their consent depends heavily on whether the person is in a public space or in a place where they have a reasonable expectation of privacy.
Examples of public spaces:
In these areas, courts generally agree:
However, even in public spaces, recording can become criminal when:
Recording becomes illegal if it causes the person to fear for their safety or feel threatened.
Harassing behaviours include:
Penalties:
Recording becomes intimidation when it is used to compel someone to:
Examples:
Penalty:
Partner Robbie Tsang notes:
“Just because you’re holding a camera doesn’t mean you’re shielded from criminal responsibility. If the recording becomes threatening, the law responds.”
Private spaces include:
In these environments, individuals have a full expectation of privacy, and recording without consent is almost always illegal unless explicitly permitted.
Examples of illegal conduct:
Recording in private places may lead to:
Voyeurism under Section 162 of the Criminal Code involves:
Circumstances include:
Voyeurism charges may apply even when:
This interpretation stems from the landmark Supreme Court ruling R. v. Jarvis (2019 ).
The Court held :
Privacy includes freedom from unwanted sexualized scrutiny — even in a public or semi-public space.
This means that recording a person at the beach — if the focus is on breasts, buttocks, or groin areas — can constitute voyeurism.
When prosecuted summarily:
When prosecuted by indictment:
Mandatory consequences:
Lawyer Brian Brody notes:
“Voyeurism charges can change a person’s life overnight. Even misunderstandings or false allegations require immediate legal intervention.”
Yes — but consent must be:
You cannot record:
Even mutual intimacy recordings can become criminal if shared without consent.
May lead to harassment allegations.
May escalate to intimidation charges.
May violate privacy laws or employment standards.
Often results in voyeurism charges.
Legal unless distress, persistence, or intimidation occurs.
Common defence arguments include:
If the person was in a public or open area, they did not have a legally protected expectation of privacy.
If the camera was visible or the recording was obvious, it does not meet the definition of secret or covert filming.
If the recording was not focused on intimate areas or motivated by sexual intent, voyeurism cannot be proven.
The accused may have recorded briefly or neutrally, without any intention to frighten or pressure the complainant.
The recording may have been misinterpreted as threatening when it was actually harmless or incidental.
(s. 8 – unreasonable search, s. 9 – arbitrary detention, s. 10(b) – right to counsel)
(e.g., edited clips, misleading screenshots)
(e.g., self-protection during conflicts)
Mass Tsang often negotiates:
| Prosecution Focus | Defence Arguments |
|---|---|
| The recording was surreptitious | The recording was open and visible |
| Privacy expectation existed | The person was in public/with no expectation |
| The recording was sexual | No sexual purpose; misinterpretation |
| Recording caused fear | No intent; behaviour not threatening |
| The recording was persistent | Interaction was brief/isolated |
| Strong digital evidence | Evidence is incomplete/misleading |
Withdrawals are common when:
Our team focuses on:
Our sexual assault criminal defence lawyers have successfully handled hundreds of recording-related cases, including harassment, intimidation, and voyeurism allegations.
It depends on the context. Recording in public is generally legal, but it becomes illegal if it amounts to harassment, intimidation, or voyeurism, or occurs in a place where someone has a reasonable expectation of privacy.
Usually yes, unless the recording is persistent, threatening, or intended to intimidate. Persistent recording that causes fear can lead to criminal harassment charges.
Secretly recording someone in a private or semi-private space may be illegal and can lead to voyeurism charges under Section 162 of the Criminal Code.
Voyeurism involves surreptitiously recording or observing someone in circumstances where they have a reasonable expectation of privacy, particularly if exposed or for a sexual purpose. It carries penalties of up to five years imprisonment.
Recording for self-protection is generally legal, especially in public settings. However, you cannot record in private spaces or violate privacy rights while doing so.
