Can I record a conversation with my ex to use it in court?
Short answer
In Quebec, an audio or video recording is among the types of evidence that can be presented to the court, but its admissibility is never automatic: the evidence has to be relevant and respect fundamental rights, including the right to privacy, and the judge can exclude it if the opposing party objects.
In detail
This is a frequent and delicate question, and the honest answer is that it is decided case by case. JuridiQC expressly includes “an audio or video recording” in the list of evidence that is admissible in family matters. But the same page recalls that evidence has to be relevant, obtained without breaching professional secrecy, and respectful of fundamental rights such as the right to privacy.
In other words, having a recording is no guarantee that a judge will agree to hear it. How it was obtained, what it contains, the privacy of the people recorded and how useful the excerpt actually is for deciding the dispute all come into play.
Because that assessment depends closely on the circumstances, and because other rules — in particular criminal law rules — can apply to the interception and disclosure of private communications, this is a situation where consulting a lawyer before acting avoids a great deal of trouble.
What to document
If a recording already exists, keep the original file unaltered, the exact date and time, the device used and who was present. But in most family files, a dated log of events, written messages and official documents are both easier to have admitted and more persuasive.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- JuridiQC — Divorce or separation proceedings: what you need to know about evidence
- Criminal Code (R.S.C. 1985, c. C-46) — Invasion of privacy
Related questions
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- What are my rights as a parent dealing with the DPJ?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.