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I recently found out my husband has been having an affair for 4 yrs. I also learned that she put recording devices and a tracking device on his vehicle. She recorded a call that my husband and I had without our knowledge. Is this illegal and if so what steps should I take? All I have is him telling me that and her son was used to put the recording device in his vehicle. Would they both get subpoenaed to prove this?

April 5, 2021

1.14K viewsDealing With Lawyers
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I’m sorry to hear of what you are going through.  The recording device that your husband’s affair partner installed, and the secretly-recorded call, all come within the provisions of the Criminal Code which covers this kind of criminal offences. For example, for the secretly-recorded call, section 184 of the Criminal Code makes it an offence  to “knowingly intercept” (which includes “record”) a private audio communication by means of any mechanical or acoustic device, unless one of the people in that private conversation gives consent.  Since neither you nor your husband knew you were being recorded, the situation is likely covered by this section.

In terms of what to do, the short answer is simply this:  Go to the police; they will give you all the details around how to gather or preserve evidence that will establish the offence has been committed.

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