Evidence in Nova Scotia Domestic Violence Cases
How Nova Scotia survivors can gather and organize documentation safely.
Saving Digital Evidence Safely in Canada
Examples of Evidence You Might Save
Different situations call for different kinds of information. Some people find it helpful to quietly keep:
- Text messages and chats — screenshots or exports of messages from phone, social media, or apps
- Call logs — screenshots of missed calls, blocked calls, or repeated calls
- Emails — threatening, harassing, or controlling messages, including headers if possible
- Photos — damage to property, screenshots of posts, copies of injuries after they are medically checked
- Social media content — screenshots of posts, comments, or direct messages before they are deleted
- Location or stalking information — screenshots of tracking apps, unexpected location “check-ins,” or device access
- Timeline notes — a simple log of dates, times, locations, and what happened, written in your own words
- Witness details — names and contact information for people who may have seen or heard incidents
If keeping evidence might increase your risk, it may be safer not to collect it on a device the other person can access. Safety comes before documentation.
Safer Ways to Store Digital Evidence
Digital information can be discovered or deleted if someone has access to your devices or accounts. Consider options that match your situation and risk level.
On Devices the Other Person Cannot Access
- Use a device only you control (for example a trusted friend’s phone or a separate phone, if safe and legal in your area).
- Rename folders in a way that does not stand out (for example, “Receipts” instead of “Evidence”).
- Log out of accounts after saving files.
Cloud or Online Storage
- Use a separate email or cloud account that:
- has a strong, unique password
- uses two-factor authentication to a device the other person cannot access
- is not saved or auto-filled on shared devices
- Upload screenshots or photos to a cloud folder instead of keeping them only on your phone.
- Regularly check login history if the service offers that feature.
Offline Storage
- Print screenshots or emails if you can do so safely.
- Save copies to an encrypted USB drive or memory card, kept outside the home if that is safer.
- Store a brief written log (dates and events) in a safe place, such as with a trusted person.
Support workers, advocates, or legal clinics can sometimes help you think through safer evidence storage. Additional support options across Canada can be found through resources listed at DV.Support.
How Evidence May Be Used in Different Legal Processes
Experiences with police, courts, and tribunals vary across provinces and territories. The following points are general and do not replace legal advice.
Emergency Protection Orders (EPOs) and Similar Orders
For temporary safety orders (often called Emergency Protection Orders, Emergency Intervention Orders, or similar names depending on the region), evidence may help show the urgency and pattern of behaviour. Commonly shared items can include:
- Recent threatening or harassing texts, emails, or voicemails
- Photos of damage to property or belongings
- Notes about past incidents, with approximate dates and times
- Information about any involvement of police or medical services
Court staff, duty counsel, or advocates may explain how to present information in your area, including what forms are used and what details the court usually asks about.
Family Law and Parenting or Custody Matters
In family court, digital evidence can sometimes be used to show how communication happens and how safe it is for children and adults. Examples may include:
- Patterns of threats, harassment, or intimidation over time
- Messages about parenting time, missed pickups, or interference with visits
- Evidence of attempts to control or isolate, if relevant to children’s safety
- Logs showing who has been caring for the children and when
Courts may have specific rules about what can be filed, how much material they will accept, and what is considered relevant. Local legal information services or clinics can explain the process for your province or territory.
Police Reports and Criminal Matters
In criminal investigations or charges, officers or Crown prosecutors decide what evidence they can use and how. Digital evidence may include:
- Screenshots or exports of threatening or harassing messages
- Call logs or voicemails
- Photos of damage or other non-graphic physical evidence
- Contact information for witnesses
Police may ask to see devices or accounts. You can ask them how your information will be stored, who will see it, and whether they need original files instead of screenshots.
Laws and procedures differ across Canada. For legal questions about your situation, consider contacting a local legal clinic, duty counsel, or another legal information service in your province or territory.
Important Reminder About Recording Laws
Recording laws can affect whether you are allowed to record audio or video, and whether those recordings can be used in court.
- In many parts of Canada, recording a conversation you are part of may be treated differently than secretly recording others.
- There may be additional rules about recording in private spaces, recording children, or sharing recordings.
- Even if a recording is legal to make, a court may have rules about whether and how it can be used.
Before recording calls, conversations, or video, it is safer to find out how privacy and recording laws work where you live. A legal clinic, duty counsel, or privacy information line in your province or territory can explain the basics for your area.