Evidence in Nunavut Domestic Violence Cases
How survivors in Nunavut can safely gather and store documentation.
Understanding Evidence and Digital Safety in Canada
Examples of Evidence You Might Collect
Different kinds of information can help show a pattern of threats, control, or harm. Evidence does not have to be perfect to be useful.
- Text messages, emails, and direct messages showing threats, intimidation, control, or harassment
- Call logs, missed calls, or repeated late‑night calls
- Screenshots of social media posts, comments, or messages
- Photos of damage to property (walls, doors, furniture, belongings)
- Photos of injuries (only if it feels safe to take and store them)
- Notes about incidents: dates, times, what happened, who was present
- Copies of police occurrence numbers or incident cards, if police were called
- Hospital or clinic visit summaries (e.g., reason for visit, any safety concerns noted)
- Messages or statements from friends, neighbours, or family who witnessed incidents, if they are willing
- Voicemails or saved audio messages with threats or harassment
Digital Safety When Collecting Evidence
Gathering and storing information can increase risk if the person causing harm has access to your devices or accounts. Digital safety planning can help lower that risk.
Device and Account Safety
- Use strong, unique passwords and change them away from home or anywhere the other person might observe you.
- Turn on two‑factor authentication for key accounts (email, cloud storage, messaging apps) if it feels safe.
- Log out of accounts on shared devices and clear browser history if that will not raise suspicion.
- Check whether accounts are signed in on other devices (for example, a shared tablet or old phone).
Safer Ways to Store Evidence
- Consider storing copies on a trusted person’s device or email account, if safe to do so.
- Use secure cloud storage with a password the other person does not know, if this will not be discovered.
- Give printed copies to a trusted support person or keep them in a place the other person cannot access.
- Avoid saving sensitive files in obvious folders (like “Evidence” or “Court”) on shared devices.
Communication and Location Safety
- Be cautious about discussing safety plans or evidence over text or social media if messages might be read.
- Check location sharing settings in apps and on your device; turn off location sharing if it is safe to do so.
- Review which apps have access to your location or microphone, especially apps installed by the other person.
How Evidence May Be Used in Different Legal Processes
Laws and court procedures vary across provinces and territories. The information below is general only and not legal advice.
Emergency Protection Orders and Similar Orders
In many parts of Canada, there are emergency or protection orders that can place conditions on a person who is causing harm. These may be called Emergency Protection Orders (EPOs), restraining orders, peace bonds, or have other local names.
- Written notes about threats or incidents, including dates and times, may help show ongoing risk.
- Messages, audio, or photos may help describe why you are afraid for your safety.
- Police occurrence numbers or previous calls can show a pattern of concern.
Family Court
In family court, information about safety can affect decisions around parenting time, decision‑making for children, and communication between adults.
- Incident notes showing patterns of control, threats, or unsafe behaviour around children can be important.
- Messages about parenting, threats to keep children away, or interference with visits may be considered.
- Reports from professionals (such as schools or doctors) may provide additional context, when available.
Courts may focus on patterns and overall safety for you and any children, not only on single events.
Criminal Cases
In criminal matters, police and Crown prosecutors decide how evidence is collected, used, and disclosed. If police are involved:
- You can tell officers about texts, emails, recordings, or photos that may be relevant.
- Police may ask to copy or photograph certain messages or devices, depending on the situation.
- What is used in court is decided by legal rules of evidence, which can be complex and vary by region.
Caution About Recording Laws in Canada
Recording phone calls or conversations can be risky for both safety and legal reasons.
General Legal Caution
- Across Canada, laws about recording can be complicated and may change over time.
- In some situations, making or sharing a recording could create legal issues for the person who recorded it.
- Court rules about whether recordings can be used as evidence are also complex.
If you are thinking about recording calls or in‑person conversations, it may be safer to:
- Focus on saving written messages, screenshots, or photos instead, when possible.
- Write down what was said (date, time, place, and exact words as best as you can remember).
- Speak with a legal clinic or lawyer in your province or territory before relying on recordings.
Balancing Evidence Collection and Personal Safety
Safety comes before documentation. It is okay not to collect or keep evidence if doing so increases risk.
- If the other person regularly searches your phone or bag, consider whether keeping any evidence is safe.
- If you feel pressured to hand over your devices, think about safer storage options outside the home.
- Trust your sense of what feels immediately safest and adjust your approach over time if circumstances change.
Some people find it helpful to speak with a local support worker or advocate about safer ways to document concerns. Additional support options across Canada can be found through resources listed at DV.Support.