Status
Not open for further replies.
Expectation of privacy is not waived based on location. Consent is required.
Section184 of the Criminal Code
private communication means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it; (communication privée)

184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of
  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
  • (b) an offence punishable on summary conviction.
My interpretation of private communication is that if the techs are "talking trash" about a client, there is an expectation of privacy.
I just said that! lol It's not an area where you have the expectation of privacy!
 
And as soon as you post the pics on the internet where they are able to see themselves, it's not really without their knowledge.... ;)
I don't expect them to go on the internet because I'm a reasonable person so I respect their privacy as long as they don't know I'm respecting their privacy .... I think! Remember the confused thing I said? lol.
 
  • Haha
Reactions: Rruuff Day
I just said that! lol It's not an area where you have the expectation of privacy!
Wow ! You may be have some difficulty in reading the code so I have added highlights: Note the only reference to privacy is that the originator expects that the communication will not be intercepted...

184(1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

OK so what is a Private Communication?

183 In this Part, "private communication" means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;

So in this case we have 2 people having a private conversation. Based on the details of the conversation ie "trash talk" it is reasonable for the originator to expect that it will not be intercepted.
 
Wow ! You may be have some difficulty in reading the code so I have added highlights: Note the only reference to privacy is that the originator expects that the communication will not be intercepted...

184(1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

OK so what is a Private Communication?

183 In this Part, "private communication" means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;

So in this case we have 2 people having a private conversation. Based on the details of the conversation ie "trash talk" it is reasonable for the originator to expect that it will not be intercepted.
Lol except that the service technicians started the car and by extension started their own recording. It is also arguable that a service area to which the public has access is an area where there can be no expectation of privacy.

What you are suggesting is that virtually every youtube shot in Canada is criminal…and that my mothers turkey necking and subsequent gossip is also indictable.
 
Status
Not open for further replies.

Similar threads

Users who are viewing this thread