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More power for Yukon RCMP to solve missing persons cases brings privacy concerns

More power for Yukon RCMP to solve missing persons cases brings privacy concerns

CBC
Saturday, October 21, 2023 09:44:04 AM UTC

This week, the Yukon government released new regulations that ratchet up the powers of the RCMP.

Before the Missing Persons Act came into effect, police couldn't compel someone or an organization to release personal information on a missing person. 

Now, the act allows exactly that. 

"I think we're really going to see an increase in efficiency," said Staff Sgt. Eric Lane of the Yukon RCMP. 

Lane described faster access to financial, health and phone records of missing people. Police officers are now also able to apply for search orders — which they can already do in criminal investigations, but not when there's no proof of any wrongdoing.

Under the act, the RCMP can also request access to any other individuals personal records they believe could help to locate a missing person. 

"Because of privacy considerations it was a lot more difficult to get access to that information," Lane said. 

The act defines a missing person as "an individual whose whereabouts are unknown and who has not been in contact with people who they would likely be in contact with, or an individual for whom there is a reasonable fear for their safety, taking into account the circumstances surrounding their absence." 

Will Steinburg, with the Department of Justice, said the act doesn't apply only to current cases. 

"It can be used in historic cases if the record is still available," Steinburg said, warning that in many cases, personal records might have been destroyed already. 

The Yukon is one of the last places in Canada to implement this type of legislation, but it's the first in the North to do so.

The Northwest Territories have been working on developing similar legislation for the past three years. 

In explaining the delay, N.W.T. Justice Minister R.J. Simpson has highlighted the importance of balancing police powers with respect for personal privacy.

Drew McNeil, the director of policy and communications with the Yukon's Department of Justice, echoed that concern.

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