Province to review powers in missing persons cases

Critics claim current legislation enables police to infringe on personal privacy

The act allowing police to access phone, bank and other records belonging to missing persons is under review.

Passed in 2011, the legislation was developed at the behest of Alberta’s police chiefs who called on government to develop laws giving officers access to more information when someone is reported missing.

A legislative committee began the process of reviewing the Missing Persons Act last week. The comprehensive review is expected to take about a year.

Alberta was the first jurisdiction in Canada to introduce such legislation. Many others have followed.

Under the act, police can apply to a justice of the peace for access to a wide swath of personal records if someone has been reported missing, even when there’s no suspicion of a crime. That includes cellphone data, online browsing history and employment information, as well as health, school and banking records. It also gives police with a court order the power to enter a private home — by force, if necessary — if there’s a reasonable belief that a missing minor might be located inside.

If police believe a missing youth is in the company of another person, the act also allows police to access that person’s records.

The law isn’t without its critics, who argue the powers granted to police infringe on personal privacy.

Others worry it lacks protections for a person fleeing an abusive home, though the act doesn’t allow police to release any information once someone is found.

RCMP Cpl. Curtis Peters said the act helps police to move quickly to track someone down as soon as they’re reported missing.

“It’s one more tool in the tool box,” he told the Journal.

The Edmonton police missing persons unit also supports the act.

Const. Shelley Pinch said it helps further investigations by allowing law enforcement to get information about missing persons quickly.

Without the act, she said, information crucial to an investigation might not be obtainable.

Police have used the act 109 times in court since 2012.

Committee chair Nicole Goehring said the review would require “robust consultation.”

Committee members agreed to start the ball rolling on developing a list of stakeholders, including indigenous groups, seniors representatives, and search and rescue groups.

It will consider its next steps in September.

Police can apply to a justice of the peace for access to a wide swath of personal records.