Will the court accept my audio or video recording?

In detail

Article 2854 of the Civil Code defines material evidence as what allows the court “to make its own findings”. Article 2855 adds that its authenticity must first be separately proved — except in the case of a technology-based document, where that separate evidence is required only in the situation described in the third paragraph of section 5 of the Act to establish a legal framework for information technology, that is, where the technology allows neither confirming nor denying the integrity of the document.

Article 2874 deals specifically with a recorded statement: it “may be proved by that means, provided its authenticity is separately proved”. In practice, that means being able to tell the judge who is speaking, when, where, and that the file has not been altered.

Two further filters apply. Article 2857 requires the fact to be relevant to the dispute. And article 2858 requires the court to set aside evidence obtained in breach of fundamental rights where its use would bring the administration of justice into disrepute. A recording that is inaudible, cut, or where you cannot say who is speaking loses its value even if it is accepted.

What to document

The original source file (never a re-encoded or shortened version), the date and time of the recording, the device used, whose voice is whose, and a dated transcript you prepare yourself so people can follow along while listening.

Official sources

• Civil Code of Quebec, arts. 2854, 2855, 2857, 2858 and 2874 (Légis Québec)
• Act to establish a legal framework for information technology, s. 5 (Légis Québec)

Related questions

• Can I record a conversation between two other people?
• Can I film or photograph someone to prove what they are doing?
• How to present photos as evidence?
• Do my journal or personal notes count as evidence?
• Can I tell the judge what someone else told me?

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