The parties referred me to a number of cases discussing whether surreptitious recordings are admissible. I was given cases on both sides of the issue, but in the British Columbia cases I was given, most cite and rely on Barrow J.’s discussion in Mathews v. Mathews, 2007 BCSC 1825. In that case, which involved recording information concerning a child’s best interest in a custody dispute, he stated (para. 43) that, “it is clear there is a limited discretion to exclude relevant evidence in this context”, and that “judicial exercise of that discretion involves a balancing of competing interest which can be usefully viewed as assessing the probative value of the evidence as against its prejudicial effect”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.