What is the current state of the law on secret recordings of conversations in family cases?
British Columbia, Canada
The following excerpt is from K.W. v L.H., 2017 BCSC 1441 (CanLII):
The practice of surreptitious recording of conversations in family cases for the purpose of gathering evidence has been the subject of much judicial criticism. It has been characterized as “odious”. Some of that criticism is found in Rawlek v. Rawlek, 2003 BCSC 1466; Seddon v. Seddon, [1994] B.C.J. No. 1729; Sweeten v. Sweeten, [1996] B.C.J. No. 3139 and B(A.D.) v. B(E.) [1997] B.C.J. No. 227. In the last of those cases Grist J. wrote at paras. 11 and 12:
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