Evidence in New Brunswick Domestic Violence Cases

How NB survivors can gather and organize documentation safely.

Gathering and Organizing Evidence Safely in Canada

1. Examples of Possible Evidence

Evidence can be many different kinds of information. Not every item will be safe or useful in every situation, and courts may treat each type differently.

• Messages and online communication: texts, emails, social media messages, app chats, call logs, voicemails.
• Photos and screenshots: damage to property, injuries (if safe), threatening messages, tracking apps or devices installed on phones or vehicles.
• Notes or a log: dates, times, locations, what happened, who was present, how you responded.
• Third-party information: messages from friends, family, or coworkers who witnessed behaviour or received disclosures.
• Documents: police occurrence numbers, medical visit summaries, school reports, workplace reports, child protection letters.
• Financial information: bank statements, e‑transfers, receipts, pay stubs, records of withheld money or financial control.
• Technology and tracking: screenshots showing location-sharing, tracking apps, smart-home device logs, or account access history.

2. Safer Digital Organization

Organizing information can support safety planning and any future legal steps. How you organize it should depend on your risk and how closely the other person monitors your devices.

Low-visibility storage ideas

• Use a trusted device if possible, such as a work computer, library computer, or a phone the other person cannot access.
• Email to a safe account that the other person does not know about, using a neutral subject line (for example, “documents” or “notes”).
• Cloud storage with strong passwords and two-factor authentication, if it would not be noticed or questioned.
• Rename files with neutral titles (for example, “tax-2024.pdf”) instead of labels that reveal their content.
• Keep a simple log in a notes app, calendar, or document with dates and brief descriptions, stored in a safe place.

When devices may be monitored

• Consider not saving evidence on a device the other person regularly searches or controls.
• If safe, send copies of items to a trusted person to hold for you.
• Avoid obvious folders (like “Abuse Evidence”) that could raise questions if discovered.
• Delete items only if it is safe to do so and you already have a copy stored elsewhere.

3. How Evidence May Be Used in Different Legal Processes

Legal processes in Canada can vary by province or territory, and by court. The information below is general and not legal advice.

Emergency Intervention Orders (EIO) and Similar Protection Orders

Some provinces and territories have Emergency Intervention Orders, Emergency Protection Orders, or similar emergency family-violence orders.

• Decision-makers may look at recent incidents, patterns of behaviour, and current risk.
• Notes, screenshots of threats, police occurrence numbers, and messages showing control or stalking can sometimes help show urgency and risk.
• Brief, clear timelines (for example, “In the last three months, these incidents happened…”) can make it easier to understand the situation quickly.

Family Court (Parenting, Contact, Support)

In family court, information is often used to help the court understand safety, parenting, and children’s best interests.

• Logs of incidents that affect children’s safety or well-being may be important.
• Messages about parenting schedules, missed exchanges, or interference with contact can sometimes support requests about parenting time or conditions.
• Financial records may be used when talking about child support, spousal support, or financial control.
• Court processes often require that evidence be shared with the other side, which can have safety impacts.

Criminal Cases

In criminal investigations and trials, police and Crown prosecutors decide what evidence is used and how.

• Police may ask to see messages, photos, or logs when taking a report.
• Devices or accounts might be examined under specific legal procedures, which can take time.
• If charges are laid, copies of some information may be shared with the defence as part of the criminal process.
• Some private records (like counselling notes or medical records) have special rules and protections. Access is not automatic and may involve court decisions.

4. Caution About Recording Laws in Canada

Recording conversations can be risky, both for safety and legally. Canada has “one‑party consent” rules for many situations, but details and exceptions matter.

General points about recording

• In many situations, a person in Canada can legally record a conversation they are taking part in themselves, without telling the other person.
• It is generally not allowed to secretly record conversations that you are not part of (for example, planting a device in another room).
• Certain places or situations (like workplaces, courtrooms, or government buildings) can have additional rules or policies about recording.
• Even if a recording is legal, a court may still decide how much weight to give it, or whether it can be used at all.

Safety and privacy considerations

• If the other person discovers you are recording them, it could increase danger.
• Hidden recording apps or devices can sometimes be found by someone who searches your phone or home.
• Recordings may capture other people (including children) whose privacy is also affected.

Recommended Articles

• Digital Safety and Technology Risks
• Safety Planning in Ontario
• Practical Safety Planning Basics
• Children, Safety, and the Court System
• Considering Contact with Police