The provincial government has introduced legislation designed to assist law enforcement agencies in locating a missing person in instances where no criminal investigation is underway.

When a missing person investigation begins, often there is no reason to suspect that a crime has been committed. In these situations, law enforcement agencies have no ability to compel individuals or corporations to release personal information about the missing person. This inability can stall and sometimes halt an investigation.

Enacting missing persons legislation was a recommendation of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Under the proposed legislation, police officers would be able to request information contained in a person’s records with an emergency/urgent demand, an order for the production of records, or a search warrant. Information including records related to signals from a wireless device that may indicate the location of the device; cell phone records; all forms of instant messaging, and GPS tracking records could be requested.

The legislation stipulates that access to this information would have to be granted by the courts. This provision is intended to ensure the proper balance between enabling law enforcement agencies to investigate and protecting fundamental privacy rights.