Evidence in Yukon Domestic Violence Cases

How Yukon survivors can collect and safely store evidence for legal proceedings.

Safely Collecting and Storing Evidence of Abuse

1. Types of Evidence You May Come Across

Evidence can look different in each situation. It may help explain a pattern of harm, control, or threats. What is useful can depend on your province or territory and the type of process (family, protection order, or criminal).

Written and Digital Messages

• Text messages, messaging apps, social media messages
• Emails
• Comments or posts made online
• Call logs showing repeated or late‑night calls

Photos, Screenshots, and Documents

• Screenshots of messages, posts, or profiles
• Photos of damaged property or disturbed rooms
• Photos of injuries (if safe to take and store)
• Copies of police occurrence numbers, incident reports, or safety plans
• School or daycare reports that mention safety concerns or changes in a child’s behaviour

Notes and Timelines

• Short, factual notes about what happened, when, and where
• Dates and times of incidents, including who was present
• Notes on any witnesses (for example, neighbours, family, co‑workers)

Audio or Video

• Voicemails or recorded messages
• Security camera footage (home, building, or workplace)
• Phone recordings, if safe and legal in your province or territory

2. Safer Ways to Store Evidence

Any evidence you keep should be balanced with your personal safety. If collecting or storing something increases your risk, your safety takes priority over saving information.

General Safer Storage Ideas

• Use a device the abusive person cannot easily access, if possible (for example, a trusted friend’s phone or an email account they do not know about).
• Consider saving copies outside the home, such as with a trusted person or in a secure online account.
• Use simple file names that do not draw attention (for example, “Receipts-2024” instead of “Evidence.”).
• Write short notes in a regular notebook that does not stand out, if digital options are not safe.

Physical Evidence

• Store printed messages, photos, and notes in a place the abusive person is unlikely to search (workplace drawer, trusted friend’s home, a locked box).
• Keep items flat and dry. Avoid writing on original documents; use sticky notes if needed.
• If you get medical care, you can ask whether your visit and any photos taken can be recorded in your medical file.

Digital Evidence

• Back up important files to a cloud account that does not share login details with the abusive person.
• Use strong passwords and, if safe, two‑step verification that goes to a device the abusive person cannot see.
• Email copies of screenshots or notes to a trusted person, if that does not increase risk.
• Be careful with shared devices. Clearing history can sometimes raise suspicion; sometimes it is safer to leave normal‑looking activity.

3. How Evidence May Be Used in Different Legal Processes

The same piece of evidence might be looked at differently in family, protection order, and criminal processes. Laws and rules of evidence vary across Canada, and outcomes are never guaranteed. The information below is general only.

Family Violence Protection Orders (FVPOs) and Similar Orders

Different provinces and territories use different names, such as protection order, restraining order, emergency intervention order, or peace bond. In many places, evidence can help show a pattern of fear, threats, or control.

• Text messages, emails, and call logs that show threats or harassment
• Photos of property damage or injuries
• Police occurrence numbers or records of past calls
• Notes with dates and details of prior incidents
• Information about how the situation affects children’s safety

A judge or justice of the peace may look at the overall pattern, not only one incident. Short, factual descriptions can be helpful.

Custody, Parenting Time, and Decision‑Making

Family courts focus on the “best interests of the child.” Evidence that shows how conflict, coercion, or violence affects children may be considered.

• Messages that relate to parenting exchanges, missed visits, or threats around children
• School or daycare reports that show changes in behaviour or attendance
• Notes of times when pickups or drop‑offs felt unsafe
• Any existing protection orders or police reports
• Information about who has been the main caregiver and how daily routines work

Court processes about children can be complex and vary by province or territory. Local legal clinics, duty counsel, or family justice services may explain how evidence is usually used in your area.

Criminal Matters

In criminal investigations, evidence is mainly collected and managed by police and the Crown. Your role is usually to share what you have and what you remember.

• Threatening texts, emails, or voicemails
• Photos of injuries or damaged property, taken as soon as it is safe
• Medical records that document injuries or fear for safety
• Names and contact information of possible witnesses
• Any previous reports you made to police, including occurrence numbers

Police decide what they can use and how to collect further evidence. Keeping information in its original form (for example, not editing recordings or screenshots) can be helpful.

4. Caution Around Recording Conversations

Recording can be risky in two ways: it can increase your physical or emotional danger if discovered, and it may not be allowed or may have limits in your province or territory.

Legal Considerations

• In some parts of Canada, a person can legally record a conversation they are part of without telling the other person. In other situations, there may be restrictions or other privacy rules.
• Even if a recording is legal, a court may decide how much weight to give it, or whether it can be used at all.
• Secretly recording children, professionals, or court‑related meetings can raise extra concerns.

Safety Considerations

• If the abusive person finds a recording app, hidden device, or unusual files, this may lead to escalation or retaliation.
• Recording may change how you move or speak in a situation, which could be noticed.
• Large audio or video files may be harder to hide or store safely.

5. Balancing Evidence with Personal Safety

Collecting and storing evidence is optional and should never come before your immediate safety.

• If saving an item could realistically lead to more harm, it may be safer to let it go.
• Short factual notes (date, time, what happened) kept in a safe place can sometimes be less risky than collecting physical or digital items.
• Support workers, legal clinics, or victim services in your area may be able to store documents or help you think through safe options.

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