The provincial Missing Persons Act has been proclaimed, making it possible for police to launch a missing persons investigation sooner.
The new legislation can help law enforcement find a missing person when no criminal investigation is underway.
When law enforcement agencies begin a missing person investigation, they often have no reason to suspect a crime has been committed. Before the legislation was proclaimed, they could not compel people or corporations to release personal information about the missing person, which might result in stalling or halting an investigation.
Under the act, once a person is established as missing, police officers can 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 that can be requested includes cellphone records, all forms of instant messaging, and global positioning system tracking records.
The legislation stipulates that access to this information would have to be granted by the courts. This provision is intended to ensure a proper balance between enabling law enforcement agencies to investigate and protecting fundamental privacy rights.