Parts of N.W.T's proposed Missing Persons Act not needed, say RCMP

RCMP in the Northwest Territories say that clauses intended to protect missing persons fleeing domestic abuse are redundant, and could even hamper the usefulness of the proposed Missing Persons Act. 

RCMP Supt. Dyson Smith presented feedback on the draft legislation in a public presentation to the standing committee on social development on Thursday.

The draft Missing Persons Act was tabled in the Legislative Assembly in February. Among other things, it would allow RCMP, with court approval, to access many types of personal records, including information found on cell phones and other electronic devices, as well as school, employment, personal health or financial records.

During his presentation, Smith asked MLAs to either change or remove three clauses in the current draft of the law. Those clauses direct judges to take into account any evidence that a missing person might be purposefully leaving a violent or abusive situation before they give police permission to access private records or physically search private property.

Smith said these clauses might lead judges to deny RCMP requests for missing persons cases where there is suspected domestic abuse, which would therefore limit the usefulness of the act. 

"From a policing standpoint, we're legally bound to find this [missing] person and ascertain their wellbeing, regardless of why they are missing," Smith told CBC after the presentation. "Even if they are fleeing a domestic situation we have to find them or make sure they are OK." 

He also argued to the committee that existing RCMP privacy policies are more than adequate to protect missing persons who might not want to be found by their abusers.

He said that when police resolve a missing persons complaint, it is RCMP policy not to share any information about where the missing person is or how to contact them — even with family. 

"All we do is let the complainant know, whoever has made that [missing persons] complaint, that they are alive and well," Smith told the committee. He said investigators are also very careful about how much information they release to family and friends during missing persons investigations.

Smith said that otherwise, the RCMP is very supportive of the current draft of the Missing Persons Act.

Next week, the N.W.T. standing committee for social development is holding public feedback sessions on the proposed act, in Aklavik and Inuvik.