Executive Council
Justice and Public Safety
December 11, 2014
Protecting Residents and Making Communities Safer
Proposed Legislation Will Assist Police in Locating Missing Persons
The Honourable Paul Davis, Premier of Newfoundland and Labrador, today announced new legislation aimed at locating and protecting missing persons in Newfoundland and Labrador. The Missing Persons Act will receive second reading in the House of Assembly today and is intended to provide the police with the tools necessary to move more quickly and efficiently on those investigations where it is known that a person is missing but there is an absence of evidence that a criminal wrongdoing has occurred. Premier Davis was joined at the announcement by the Honourable Judy Manning, Minister of Justice and Attorney General, Royal Newfoundland Constabulary Chief Bill Janes and Royal Canadian Mounted Police Chief Superintendent Andrew Boland.
“Given the nature of missing persons cases, timely access to information is crucial in safely locating an individual who could be at risk of harm even if there is no evidence of criminal wrongdoing. In these cases, the Missing Persons Act will allow police to quickly access critical data that could be invaluable in conducting an immediate, thorough and effective investigation into the status of a missing person. This will help in the effort of ensuring the safety and security of the individual involved and it certainly fits within this government’s mandate of making communities safer.”
- The Honourable Paul Davis, Premier of Newfoundland and Labrador
Currently when investigating a missing persons case, police must have evidence of a criminal wrongdoing before being granted access to an individual’s medical, financial, telephone or other personal information. In many instances, the police are challenged to gather vital information that would greatly assist in a timely investigation.
To protect people who may be at risk, the Provincial Government is introducing legislation that will allow police to apply to a Provincial Court Judge for a Search Order or a Record Access Order where a person has been reported missing. Applications will be made under this legislation in those cases where a person may be in danger but police cannot obtain an Order under the Criminal Code because there is insufficient evidence to believe a criminal wrongdoing has occurred against the missing person.
“The intent of the legislation is to protect residents. Information can only be gathered when a missing persons investigation is underway and will only be divulged for the purpose of furthering the investigation into the matter. We recognize that protecting the personal privacy of residents is very important and we want to ensure that the legislation strikes the proper balance between finding a missing person and keeping private information confidential.”
- The Honourable Judy Manning, Minister of Justice and Public Safety and Attorney General
The Provincial Government has consulted with representatives from women’s organizations, Aboriginal groups and the Office of the Information and Privacy Commissioner. Feedback received has been considered and the legislation has been drafted so that it serves the needs of police while ensuring that an individual’s privacy rights are protected. Similar legislation has already been introduced in Alberta, British Columbia, Manitoba and Nova Scotia.
QUICK FACTS
- The Missing Persons Act will receive second reading today in the House of Assembly.
- The legislation is intended to provide the police with the tools necessary to move more quickly and efficiently on missing persons investigations.
- The legislation will allow police to apply to a Provincial Court Judge for a Search Order or a Record Access Order where a person has been reported missing but there is no evidence that a criminal wrongdoing has occurred.
- Various community and Aboriginal groups have been consulted and the response has been favourable.
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Media contacts:
|
Heather Maclean Director of Communications Office of the Premier 709-729-3581 heathermaclean@gov.nl.ca |
Donna Ivey Special Assistant, Communications Office of the Premier 709-729-3551, 699-2402 donnaivey@gov.nl.ca |
| Luke Joyce Director of Communications Department of Justice and Public Safety 709-729-6985, 725-4165 lukejoyce@gov.nl.ca |
2014 12 11 12:15 p.m.