N.W.T. still working on missing persons act, years after promising a plan

The N.W.T.'s justice department says it's still working to develop a missing persons act, three years after it committed to developing a plan.

Justice Minister R.J. Simpson said the legislation is almost complete, but there is a bit more work to be done. Once in place, it would give police greater powers to investigate when someone goes missing.

"With this particular piece, we really want to make sure that we do that work and we get it right the first time, because this would allow the RCMP and the courts to access people's personal information," Simpson told the CBC News.

Meanwhile, missing-persons cases have continued to pile up. 

The N.W.T. RCMP say they have a total of 80 missing-person files open. Without legislation in place, they can't reliably access health records, financial information, or phone and internet records.

They're limited to putting in "humanitarian requests to record holders," according to Cpl. Matt Halstead — and there's no guarantee the record-holders will turn over the information.

"As there is no missing persons act in the NWT, it is not possible to get judicial authorizations for the records when there is no indication of criminality," Halstead wrote in an emailed statement to the CBC.

The lack of legislation resurfaced recently as the RCMP in the territory continue to investigate the disappearance of Frank Gruben, a 30-year-old Inuvauluit and Gwich'in man from Aklavik, who went missing from Fort Smith on May 6.

The Gruben family has criticized the RCMP for not doing enough, while the RCMP has defended its efforts in finding Frank. 

"The local detachment members have done a very thorough job in exploring possible avenues, but ultimately we need people with any information to come forward," Supt. Dyson Smith, criminal operations officer, wrote in an emailed statement to CBC News. 

In contrast, other jurisdictions like Alberta and British Columbia have acts that allow police to obtain a court order to access information when searching for someone who has gone missing.

In Alberta, for example, the courts can issue an order for police to access financial information to show if a missing person's credit cards were recently used — and, if so, when and where. Similar orders could provide access to health information and whether the missing person has recently been admitted to a hospital.

Longstanding issue

The issue of not having a missing persons act was brought up in June 2020, when Kam Lake MLA Caitlin Cleveland highlighted how crucial the first hours of an investigation are.

"There is rarely evidence that a crime has been committed; however, this is a prerequisite for police to be able to seek a court's permission for a search warrant or for personal records for somebody who has gone missing," Cleveland said in the Legislative Assembly in 2020. 

At the time, the government committed to exploring an action plan to introduce missing persons legislation.

But nearly three years later, no legislation exists.

Speaking to the CBC on Monday, Cleveland said she knows the legislation is in the works, adding that it's important to follow up words with actions.

"When someone goes missing in the Northwest Territories, as a parent, you kind of ask yourself, 'What if it was my child missing? What would I want my community to do to help me find my child?'" she said.

"I think I would want my community to take action and to never stop saying my child's name and to never stop asking questions about what happened."

The N.W.T. isn't the only northern jurisdiction without a missing persons act. Neither Nunavut nor Yukon have such an act, though Yukon passed legislation in 2017 and is still working to bring that legislation into force.

In an email, the Yukon justice department said it has been working to draft regulations to accompany the act, adding that it "strikes a balance between protecting the privacy of the missing person and providing adequate powers for the RCMP to be able to obtain important information to respond quickly in the event of an emergency."

Simpson, the N.W.T.'s justice minister, acknowledged it is a serious piece of legislation and highlighted that need for balance between police powers and protecting people's personal privacy. 

"It'll be more tools for the RCMP to use, so they won't need to wait for evidence of a crime to be committed before they start their search," Simpson said.

"I think it's really going to help them for certain cases — maybe not every time, but it's just another tool in their toolbox."