Evidence in Saskatchewan Domestic Violence Cases

How SK survivors can gather and store documentation safely for legal matters.

Keeping Evidence and Staying Safe with Technology

1. Types of Evidence Someone Might Save

Evidence can help show a pattern of harm, control, or threats. What is useful can vary by province or territory, and by the person or agency reviewing it. The following are common examples only.

• Messages and emails – texts, emails, social media messages, chat logs, and voicemail transcripts.
• Call logs and screenshots – records of missed calls, repeated calls, and screenshots of conversations or posts.
• Photos and videos – images of injuries, damaged property, or screenshots of online behaviour or threats.
• Calendar notes or a log – written notes with dates, times, and short descriptions of incidents or concerning behaviour.
• Witness details – names and contact information for people who saw or heard incidents, or who you told at the time.
• Documents – letters, cards, notes, police occurrence numbers, medical visit summaries, or shelter intake notes.
• Financial records – bank statements, pay stubs, proof of money being withheld or controlled.

2. Digital Safety When Gathering Evidence

Technology can be helpful for documenting harm, but it can also be used for monitoring and control. Small changes can reduce risk.

2.1 Safer Devices and Accounts

• Use a device that the person causing harm cannot easily access, if possible (for example a friend’s phone or a work computer used carefully).
• Create separate email accounts or cloud storage only if it is safe to do so and the login details are not shared.
• Turn off automatic syncing of photos or notes to shared devices where the other person might see them.
• Log out of accounts after use, especially on shared or borrowed devices.

2.2 Safer Storage of Evidence

• Save screenshots and files with neutral file names that do not stand out.
• Back up important files on a secure USB drive or cloud service that the other person does not know about, if safe.
• Consider giving copies of important evidence to a trusted person to hold, if that feels safe and they agree.
• Keep a paper log of incidents in a place the other person is unlikely to check, or outside the home if needed.

2.3 Reducing Digital Monitoring Risks

• Be aware that phone location services, shared accounts, and family sharing plans can reveal your activity.
• Check whether your phone or computer has unknown apps or devices connected to it.
• Use private browsing or incognito mode on shared devices if you are searching for help or information.
• Consider using a different device altogether for sensitive searches, such as a library or community agency computer.

3. How Evidence May Be Used in EIOs, Victim’s Assistance Orders, and Custody Matters

Different provinces and territories have different names and rules for protection orders and family court processes. The information below is general only and not legal advice.

3.1 Emergency Intervention Orders (EIOs) and Similar Protection Orders

In some provinces and territories, Emergency Intervention Orders (or similar emergency protection orders) are court orders intended to give short-term safety measures. When someone applies, decision-makers may look at:

• Saved messages, emails, and social media posts showing threats, harassment, or stalking.
• Photos of injuries, damaged property, or broken items.
• Written logs of past incidents and any recent escalation.
• Police occurrence numbers or reports, if they exist.
• Witness statements or contact information for people who can confirm what happened.

Evidence does not need to be perfect or complete. A pattern over time can be important.

3.2 Victim’s Assistance Orders and Similar Orders

Some Canadian regions have “Victim’s Assistance Orders” or similar orders under their own laws. They may help with conditions such as no-contact, staying away from a home or workplace, or temporary use of a family home or belongings.

When these orders are considered, useful evidence may include:

• Digital records of harassment, intimidation, or financial control.
• Proof of being blocked from a shared home, bank account, or transportation.
• Records of needing support from shelters, medical services, or community agencies.

3.3 Evidence in Parenting and Custody-Related Cases

In family law and parenting arrangements, courts focus on the best interests and safety of children. Evidence about relationship harm may be one part of that picture.

• Messages, emails, and logs that show threats, intimidation, or attempts to control parenting decisions.
• Evidence that children have been used to send messages, spy, or deliver threats.
• Proof of interference with parenting time, school pickups, or childcare arrangements.
• Records of counselling, school, or medical concerns related to the children’s safety or well-being.

Sometimes, evidence gathered for a protection order may later be relevant to parenting or custody issues, and sometimes it is not. Each case is different.

4. Caution About Recording Laws in Canada

Recording conversations, calls, or videos can be risky both for safety and legally. It is important to understand some basics before recording anything.

4.1 One-Party Consent and Limits

• Across Canada, criminal law generally allows a person to record a conversation if at least one person in that conversation consents to the recording.
• This is often called “one-party consent,” and usually means you may record a conversation you are part of, but not secretly record conversations between other people when you are not involved.
• Even if a recording is legally made, a court or tribunal might still decide not to accept it, or may give it limited weight.

4.2 Privacy, Safety, and Other Legal Risks

• Some provinces and territories have additional privacy, workplace, or child-protection rules that may affect recording in homes, schools, or workplaces.
• Secret cameras or audio recorders in private places (such as bathrooms or bedrooms) can be criminal offences, especially if they capture nudity or sexual activity.
• Sharing or posting recordings (for example, online or with others) may create new legal problems or increase risk.
• If the person causing harm discovers that conversations are being recorded, it may escalate the situation.

4.3 Safer Ways to Capture Information

• Instead of recording, consider writing a short note after an incident with the date, time, who was present, and what happened.
• Save written communications (texts, emails, messages) without responding in ways that might increase conflict, if safe.
• Take screenshots that clearly show dates, times, and usernames.
• Ask trusted professionals (for example, doctors, counsellors, or school staff) to keep accurate notes when you share safety concerns.

5. Balancing Safety and Evidence

It is understandable to want strong evidence. At the same time, your safety and any children’s safety come first.

• If keeping certain evidence (like photos or messages) increases your risk of being monitored, consider safer storage options or support in managing them.
• Evidence does not have to be perfect. A mix of notes, messages, and witness information can still help show a pattern.
• You can choose what to keep, what to share, and when to share it, based on what feels safest.

Recommended Articles

• Digital Safety in Abusive Relationships
• Staying Safe in Ontario: Protection Options
• Thinking About Leaving Safely
• Signs Your Technology May Be Monitored
• Practical Tips for Collecting Evidence