Whitehorse Daily Star

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Justice Minister Tracy-Anne McPhee

New laws would help police find missing persons

The Yukon government is seeking public feedback on legislation that could help the RCMP in missing persons investigations.

By Whitehorse Star on July 5, 2017

The Yukon government is seeking public feedback on legislation that could help the RCMP in missing persons investigations.

The government said in a statement Tuesday that new legislation would enable police to access specific information in these cases, including telephone, banking, travel and health records.

It added that privacy would be protected through oversight and accountability measures.

Currently, unless there is evidence of criminal activity, the RCMP have limited investigative tools at their disposal during a search for a missing person.

“The RCMP need access to the right tools to do their jobs,” said Justice Minister Tracy-Anne McPhee.

“When trying to locate missing persons, every minute of a search is crucial.

“A new Yukon law, similar to those enacted in six Canadian provinces, is designed to assist police in locating missing persons as quickly as possible.”

Alberta, British Columbia, Manitoba, Newfoundland, Nova Scotia and Saskatchewan all have missing persons legislation that shares common provisions.

These include details on:

• how and when court orders and emergency demands for records can be made and what information is protected, for example, if there is reason to believe the missing person may be at imminent risk of serious bodily harm or death or there is concern that records may be destroyed;

• circumstances for search orders of private property;

• when the RCMP can seek access to third-party records, such as when there is a reason to believe a minor or vulnerable person may be in the company of the third party;

• how the RCMP can use records obtained under the legislation including how they may disclose information;

• protection for parties acting in good faith, both those providing and accessing records; and

• offences for individuals or organizations that refuse to comply with a court order to produce records.

In the Yukon last year, there were 54 reports of missing adults, with an equal number being male and female.

There were also 71 reports of missing children and youth with 60 being female.

Sixty per cent of those cases were reported missing due to unknown causes while 38 per cent were reported as runaways.

A government survey on the proposed legislation notes there is not a 24-hour waiting period before a person can be reported missing.

As well, as soon as friends and family become aware that a loved one may be missing, it should be reported to the RCMP so they can begin their investigation.

Consultation on the proposed legislation began Tuesday and comments will be accepted until Sept. 11.

A survey is available on the government website, and questions and feedback can also be directed to the Department of Justice Policy and Communications Unit at justice@gov.yk.ca or 667-3033.

Comments (13)

Up 1 Down 0

Mj on Jul 12, 2017 at 2:39 am

I'll give Trudeau and the commissioner of the RCMP my passwords....couldn't care less what info they have access to of mine.
I do care how they safe guard my info however from hackers etc.
I am far more worried about the info private companies/and other collect from my phone and computer from networks and mostly phone apps.
If I google "brand a" shoes one day and log onto fun the next...,bam, ads for "brand a" shoes....no one else finds that strange?? Concerned about your cyber security?..there is where you should direct your concern...not CRA or RCMP.
Companies, search engines, and anyone with technical abilities has FAR greater access to your personal information than any level of government with far more sinister intent than attempting to find a lost person, child pornographer, or murder suspect...

Up 0 Down 0

Martin on Jul 11, 2017 at 8:26 pm

To Tater: I wouldn't trust a police body that investigation after investigation into their own wrong doings, they ALWAYS exonerate themselves. I don't want those same policemen to look into my life.

Up 3 Down 1

Groucho d'North on Jul 11, 2017 at 1:20 pm

It's through broad, non-specific policies like this that permit intrusive monitoring systems like Stingray to be used in our communities. Understand what Stingray is: https://en.wikipedia.org/wiki/Stingray_phone_tracker. Our civil rights are being eroded away because of one-size-fits-all policies that grant government to cast a very large net in their investigations, so they can catch much more than just that which they are looking for.

Up 2 Down 5

Jay on Jul 11, 2017 at 2:38 am

@josey
First...this is not raised by the Mounties....nor will it be written into law by the Mounties.
Any future bills will be drafted, debated and passed (or not) by elected officials. Regardless of whether you voted for them or not...that is the democratic based system we live in...personally although it has flaws, I think it's pretty great.
I'm sure the Mounties were consulted by the democratically elected representatives and asked, what would make your job easier, or make investigations better. The Mounties of course would say A, B, and C would make things move a lot faster when time is of the essence. Why would they not?
People's belief of the police or establishments sinister underlying motives are certainly theirs to hold if they so choose, but perhaps we could try to look at it for what it may be...people trying to do the best job at trying to find someone that is missing with hopes of a favorable outcome. Far be it for society to back that idea for once...after all, God forbid it may be a loved one of ours that is missing or at risk one day...I wonder then where all opposed would stand on the issue?

Up 9 Down 3

Josey Wales on Jul 9, 2017 at 8:11 am

It would seem to I that the Mounties love expanding their reach getting new compliance gadgets and more power.
When they decide to use the powers they have had for decades in regards to public pisstanks...I may support this.
Some folks wish to be missing, and stay missing...for a myriad of reasons.

Up 16 Down 6

Nile on Jul 7, 2017 at 9:48 pm

Information is power. The easier it is for government to get from you, the more power they have. It's a slippery slope.

Up 12 Down 6

June Jackson on Jul 7, 2017 at 5:22 pm

Matt: I reread my post, and no where do I suggest that Canada is a step away from Nazi Germany. What I do suggest is just because Government, or anyone for that matter says something, doesn't mean that is what will happen. The Nazi regime was historically the most notable reference of people saying one thing, and down the road, doing another. I do not want to give up a single freedom.. nothing..zip, nada.. for anyone for any reason. Not my freedom of speech, (or yours), not my right to privacy of my records, be they health, financial, spiritual, (although health is already gone) or a doodled note in 5th grade but kept on my school file. If I want someone to have my information, I will tell them myself, not have some 3rd party sneaking around looking at camera footage..a 3rd party deciding.. who was I with? was I having a good time? how much money did I spend? was I drinking? BB: who decides when it is a fishing trip or not?

Up 9 Down 14

north_of_60 on Jul 7, 2017 at 5:11 pm

People who engage in criminal activities tacitly give up their rights to privacy. If you want to keep your life private, then don't be a criminal.
Anyone who stoops to using Germany in the 30s to make their point has already lost the argument.

Up 11 Down 10

bb on Jul 7, 2017 at 1:41 pm

Makes sense. If there's a person reported as missing, and the RCMP can quickly see a photograph of that person using a bank machine in Richmond, then can see they had lunch at Hooters a couple hours later, they can shut down the 'search' and save the resources for real concerns. Doesn't mean they have to tell the relatives anything more than, 'buddy is fine'. And if they do trip across something 'criminal', there can be limitations on what can be done with that information so it doesn't become some kind of fishing trip.

Up 25 Down 3

Mr Facts on Jul 6, 2017 at 2:31 pm

I wish this government would stop wasting our time and money and do things to actually improve all our live's. What have you accomplished so far? Transgendered rights for the whole 10 people in the Yukon? Give me a break.

Up 7 Down 12

Matt on Jul 6, 2017 at 12:41 pm

Suggesting Canada is a step away and on track for Nazi Germany...huh. That's not offensive to history or one of the best countries in the world at all.
Let's maybe appreciate our country and how lucky we all are to live here. Remember, we faught against them...we weren't allies. .
So sick of people comparing everything they don't like to Nazi's. Insulting.

Up 23 Down 11

June Jackson on Jul 5, 2017 at 8:56 pm

Much of this information was the same info the Third Reich asked for in 1939 "German officials identified Jews residing in Germany through census records, bank records, parish records (tax returns today), routine but mandatory police registration forms (today's birth certificates), the questioning of relatives, and from information provided by neighbors and officials." Whatever reason they gave for wanting the information, it was by 1941 used to track down Jews. Just saying here, that getting information isn't always used for what you are told it will be used for.

Ever so slowly, one by one, we give up our basic freedoms. Another poster said..if you don't have anything to hide (wrong or illegal) why would you care if they searched your house? Tapped your phone? Tracked your bank account? Sent you to jail if they suspected you knew something but didn't tell? There was a mother on Facebook not long ago trying to find her daughter, and someone said.. what if she doesn't want to be found? Valid point. But, I'm her Mother and I am worried about her..I think I know where she is, but the police won't go and check it out.. So.. because you have some relationship, and you think you know where she is.. that is a valid reason to strip her of all her rights and hunt her down? (I have 4 girls and personally i DO think that it's ok..but they sure as hell wouldn't). They are saying...you're banking information has to be used for a specific purpose and nothing else. But, case in point, I did not give Revenue Canada permission to share my tax information with the Paslowski government, but Paslowski and CRA came to an (I consider it to be a secret) agreement and used legislation to override my permission and give my tax info to Pasloski. (I still never found out what they were going to do with it.. ) So a clause saying we won't use your information for any other purpose.. is moot at best. Of course governments will use it. Once they have it, they will use it.

"And if you aren't doing anything wrong or illegal, why would you care if they look at any information?" Because it's no ones GD business.

Up 20 Down 18

Tater on Jul 5, 2017 at 3:56 pm

Why would information that could help locate a missing person not be made available to the RCMP? And if you aren't doing anything wrong or illegal, why would you care if they look at any information?

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