New legislation allows N.B. law enforcement to launch missing persons investigations sooner

The New Brunswick Legislature in Fredericton, New Brunswick on Thursday February 4, 2021. THE CANADIAN PRESS/Stephen MacGillivray

New legislation in New Brunswick will allow law enforcement agencies to launch a missing persons investigation sooner.

The Missing Persons Act was first introduced by government in October 2022 and was put into effect Wednesday.

The new law is designed to assist law enforcement in locating a missing person in cases where there is no criminal investigation.

“As any police officer will tell you, seconds count when it comes to finding a missing person,” said Public Safety Minister Kris Austin. “The Missing Persons Act has the potential to literally save lives.”

When someone is reported missing, the province says there is often no reason to suspect a crime has been committed.

Before the legislation came into effect, police had no ability to compel people or corporations to release personal information about the missing person, which the province says can stall and sometimes halt an investigation.

Under the new legislation, the province says police officers would be able to request information contained in a person's records with an emergency/urgent demand, an order for the production of records, or a search warrant.

The following information could be requested:

• records related to signals from a wireless device that may indicate the location of the device
• cellphone records
• all forms of instant messaging
• global positioning system tracking records

The legislation stipulates that the courts would have to grant access to such information, to balance the police’s ability to investigate with protecting a person’s right to privacy.

The legislation was a recommendation out of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Aboriginal Affairs Minister Arlene Dunn says it is another important step in keeping New Brunswickers safe.

“I am so pleased that this important legislation is finally being proclaimed today,” said Dunn.

“Indigenous women and girls in Canada are disproportionately affected by all forms of violence, and government has a responsibility to do everything in their power to prevent this violence and to improve the safety of Indigenous women and girls. The new Missing Persons Act is a good step forward in our commitment to doing that.”