Evidence in Northwest Territories Domestic Violence Cases

How survivors can gather, store, and use documentation safely under NWT law.

Collecting and Using Evidence Safely in Canada

Examples of Evidence You Might Collect

Evidence can be anything that helps show a pattern of behaviour or specific incidents. What is useful can depend on your province or territory and the type of process (emergency protection order, family court, criminal case). The list below is general and not legal advice.

• Written records – a dated journal noting what happened, who was present, and any impacts (injuries, missed work, fear, property damage).
• Text messages and chats – screenshots or exports of messages from SMS, WhatsApp, Facebook, Instagram, or other apps that show threats, harassment, controlling behaviour, or monitoring.
• Emails – saved or printed emails that show threats, intimidation, financial control, or ongoing pressure.
• Call logs – screenshots of repeated calls, hang‑ups, blocked numbers, or calls at unsafe times.
• Social media posts – screenshots of public or private posts, comments, or messages that are threatening, humiliating, or harassing.
• Photos – pictures of injuries, damaged property, weapons, or other physical signs of what has happened, taken only when it is safe to do so.
• Medical or health records – visit summaries, discharge papers, or notes that mention injuries, anxiety, sleep problems, or other impacts related to the situation.
• Workplace or school records – attendance records, incident reports, or emails that show missed days, performance changes, or safety concerns.
• Financial documents – bank statements, pay stubs, receipts, or loan documents that show financial control, sudden debts, or hiding of income.
• Police or service reports – report numbers, occurrence summaries, or notes from shelters, community organizations, or support workers.
• Witness information – names and contact details (if they agree) for neighbours, friends, family, coworkers, or professionals who have seen or heard concerning behaviour.

Digital Safety When Saving Evidence

Saving digital evidence can increase safety, but it can also increase risk if the other person checks your devices or accounts. Consider how closely your phone, email, or computer are monitored before you start collecting or storing anything.

Safer Storage Options

• Use a trusted device – if possible, use a device that the other person cannot access, such as a work computer (if permitted), a library computer, or a trusted friend’s phone.
• Separate accounts – consider a separate email account with a strong password and no obvious connection to you, used only for storing evidence or receiving safety‑related messages.
• Cloud storage with caution – store files in secure cloud storage only if you are confident the account and recovery methods (backup email, phone number) are private.
• Physical copies – when safe, print important messages or photos and keep them outside the home with someone you trust or in a safe place.

Reducing the Chance of Being Detected

• Check for shared access – see whether the other person knows your passwords, has their fingerprints or face ID on your phone, or has access to your phone bill or cloud backups.
• Review app and account security – look at login history, connected devices, or sessions in email and social media settings when it is safe to do so.
• Be cautious with search and browsing history – clear history or use private browsing if that does not stand out as unusual on your device.
• Avoid sudden changes – changing passwords, locking down accounts, or removing shared access can sometimes increase risk if noticed unexpectedly.

Using Evidence in EPO Hearings, Custody Cases, and Criminal Matters

Evidence can be used in different ways depending on the process. The information below is general and may vary by province or territory. Courts and police decide what they can accept and how much weight to give it.

Emergency Protection Orders (EPOs) and Similar Orders

In many parts of Canada, emergency or protection orders can sometimes be granted quickly to increase safety. Evidence may help show the urgency and pattern of harm or control.

• What may be useful – recent messages, threats, police reports, photos of injuries or damage, and notes about specific incidents, including dates and times.
• How it may be used – you may describe what has been happening and refer to messages, photos, or reports that support your description.
• Short timelines – for urgent hearings, you may not need everything collected; even a few clear examples can help show risk.

Parenting, Custody, and Access Cases

In family court, the focus is usually on the best interests and safety of children and caregivers. Evidence that shows a pattern of harm, coercion, or exposure of children to unsafe behaviour may be important.

• Co‑parenting communication – messages or emails about parenting time, pick‑ups, and decision‑making that show threats, manipulation, or refusal to follow agreements.
• Impact on children – school reports, counselling notes (if available and appropriate), or observations recorded in a journal, such as changes in behaviour, fear, or sleep.
• Consistency – keeping notes in a calm, factual tone (dates, what was said or done, who was present) can help the court see patterns more clearly.

Criminal Matters

When police investigate criminal offences, they may collect and assess evidence. Anything you have saved might be reviewed and, in some cases, used as part of an investigation or prosecution.

• Police‑collected evidence – officers may gather statements, photos, medical information, and digital records with proper legal authority.
• Your own materials – screenshots, messages, or recordings may be shared with police, who decide what they can use and whether further steps are needed to obtain original data.
• Disclosure to the other side – in criminal matters, some or all evidence used in court is often shared with the defence. This can have safety and privacy impacts.

Caution About Audio and Video Recording

Recording a person without their knowledge can create safety risks and legal complications. The rules are different for private conversations, phone calls, and video recording, and they are not the same in every situation.

Legal Considerations (General)

• Consent rules differ – in many situations in Canada, a recording may be legal if at least one person in the conversation consents, but there are important limits, especially in workplaces, shared property, or where privacy rules apply.
• Court acceptance is not guaranteed – even if a recording is legal, a court may choose how much weight to give it, or may limit its use.
• Privacy and other laws may apply – recording or sharing images, audio, or video may raise privacy, criminal, or civil law issues, depending on how and where it is done.

Safety Considerations

• Discovery risk – if the other person finds recordings on your phone or online, this can increase danger or lead to retaliation.
• Escalation during recording – trying to record an unsafe person in the moment may make the situation more dangerous if they notice.
• Storage and sharing – large video or audio files are harder to hide and may automatically back up to shared cloud accounts.

Practical Tips for Safer Documentation

• Keep notes factual and brief: dates, times, what happened, who was present, and any impacts.
• Use neutral language rather than strong labels or insults.
• Store copies of important documents somewhere the other person cannot easily access.
• Consider telling a trusted person where important evidence is stored, if that feels safe.
• Review your plan if the situation changes, especially after court dates, separations, or major conflicts.

Recommended Articles

• Staying Safer Online and With Your Phone
• Safety Planning Information for Ontario
• Reducing Risk During Emergencies and High‑Risk Times
• Supporting Children’s Safety and Well‑Being
• Technology‑Facilitated Monitoring and Stalking