Evidence in Quebec Domestic Violence Cases
How Quebec survivors can collect and store evidence safely for court processes.
Documenting Abuse and Storing Evidence Safely in Canada
Types of Documentation
Photos and Screenshots
Photos and screenshots can help show patterns over time. This may include:
- Photos of injuries (once it is safe to take them)
- Photos of damaged property, broken doors, or holes in walls
- Screenshots of texts, emails, social media messages, or missed calls
- Photos of things that show control or monitoring, such as damaged phones
Texts, Messages, and Emails
Messages can sometimes show threats, harassment, control, apologies, or patterns of blame. People sometimes save:
- Text messages and messaging app conversations
- Emails, including subject lines and headers
- Call logs showing repeated calls or hang-ups
- Voicemails or audio messages (where legally allowed)
If it feels safer, some people forward key messages to a trusted email account or trusted person so they are not only on one device.
Journals and Incident Notes
A simple journal or log can help track what has happened and when. Entries might include:
- Date, approximate time, and location
- What was said or done in plain, neutral language
- Whether anyone else was present
- Any injuries, property damage, or calls to services
Police Reports and Official Records
If police are called, there is usually an occurrence number or file number. This can help you or a lawyer find the report later. Other helpful records may include:
- Medical visit summaries or discharge instructions
- Copies of past protection orders, peace bonds, or bail conditions
- School or daycare reports about changes in a child’s behaviour or safety concerns
- Notes from shelters or community agencies, if they provide them
Access to official records can vary by province or territory and may require a formal request.
Storing Evidence as Safely as Possible
Digital Storage Options
Some people choose to keep copies of documentation in more than one place in case a device is lost, destroyed, or taken. Options may include:
- Emailing photos or screenshots to a new, private email account
- Using a cloud drive with a unique password not used anywhere else
- Saving files under neutral folder names that do not stand out
- Storing important contacts or notes in a disguised app, such as a notes app labelled with something harmless
Physical Storage Options
For paper documents, photos, and journals, some people:
- Store originals or copies at a trusted friend or family member’s home
- Use a workplace drawer, locker, or other place the abusive person cannot access
- Keep a small, discreet envelope or folder in a location that is not obvious
- Make photocopies or scans of important documents in case originals are damaged
Balancing Safety and Documentation
Any form of documentation can increase danger if discovered by the person causing harm. It can be helpful to ask yourself:
- How likely are they to search my phone, bag, or home?
- What has happened before when they found something they did not like?
- Is it safer for someone else to hold documents for me?
- Is there anything I should delete now because it is too risky to keep?
How Documentation May Be Used
Civil Protection Orders
In Canada, protection orders (sometimes called restraining orders, emergency protection orders, or peace bonds, depending on the province or territory) are civil or criminal court tools that place limits on contact or behaviour.
Documentation that may be considered by a court can include:
- Written timelines of past incidents
- Photos, texts, and emails showing threats, harassment, or control
- Police occurrence numbers or report summaries
- Statements from witnesses or support workers, if available
Court decisions depend on many factors. Documentation is usually one part of a bigger picture, not the only thing a judge looks at.
Parenting, Custody, and Access Cases
In family law cases, information about safety can be relevant to decisions about parenting time, decision-making responsibility, and conditions on visits.
In these cases, documentation may be used to show:
- Patterns of controlling or frightening behaviour
- Impact on children’s safety or well-being
- Breach of previous court orders or parenting agreements
Criminal Investigations and Charges
If police are involved or criminal charges are laid, documentation can sometimes help show what has been happening over time. This can include:
- Saved messages or voicemails that show threats or harassment
- Photos of injuries and damaged property
- Notes about earlier incidents, even if they were never reported
- Names and contact details of anyone who may have seen or heard incidents
Police and prosecutors decide what evidence to collect and use. Keeping your own records does not guarantee any particular legal outcome, but can give you information to share if you choose.
Important Caution About Recording Laws
Audio and Video Recording
In Canada, the law about recording conversations is complex. In general, a person is often allowed to record a conversation they are part of without telling the other person, but there are important limits and risks, especially when:
- Recording video in private places such as bathrooms or bedrooms
- Recording children, especially if a court order is involved
- Placing recording devices or apps to listen to conversations you are not part of
- Sharing or posting recordings without consent
Practical Safety Considerations
Before deciding to record, it may help to consider:
- Whether the person has ever reacted violently to being recorded or challenged
- How they might respond if they find a recording device or app
- Whether the recording is necessary, or if written notes or saved messages are safer
- Whether you can get confidential information from a legal clinic about recording in your province or territory
Getting Information and Support
You remain in control of what you document and how you use it. If it feels safe, you may choose to speak with a legal clinic, duty counsel, or an advocate at a local shelter or community agency about options for documenting safely in your region.
Additional support options across Canada can be found through resources listed at DV.Support. Some services can talk through safety considerations around documentation without pressuring you to take any particular legal step.