The accused, charged with sexual offences against his daughter, brought an application seeking a declaration that a surreptitiously recorded phone call between himself and the complainant was not a 'record' under s. 278.1 of the Criminal Code.
The accused argued the recording did not contain personal information as it related to family law proceedings.
The court dismissed the application, finding that the complainant had a reasonable expectation of privacy in the communication, which touched on her emotional well-being and dignity.
The court ordered that a hearing under s. 278.93 must be held to determine the admissibility of the recording.