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Review of the Missing Persons Act LEGISLATIVE ASSEMBLY OF ALBERTA Standing Committee on Families and Communities Review of the Missing Persons Act Twenty-Ninth Legislature Fourth Session May 2018 Standing Committee on Families and Communities 3rd Floor, Edmonton Federal Building 9820 – 107 Street Edmonton AB T5K 1E4 780.644.8621 [email protected] STANDING COMMITTEE ON FAMILIES AND COMMUNITIES May 2018 To the Honourable Robert Wanner Speaker of the Legislative Assembly of the Province of Alberta I have the honour of submitting, on behalf of the Standing Committee on Families and Communities, the Committee’s final report on the Review of the Missing Persons Act. Sincerely, [original signed by] Nicole Goehring, MLA Chair, Standing Committee on Families and Communities c. Mr. Robert Reynolds, Q.C. Clerk of the Legislative Assembly TABLE OF CONTENTS MEMBERS OF THE STANDING COMMITTEE ON FAMILIES AND COMMUNITIES ... 3 1.0 EXECUTIVE SUMMARY .......................................................................................... 5 2.0 COMMITTEE MANDATE .......................................................................................... 7 3.0 INTRODUCTION ....................................................................................................... 8 4.0 ACKNOWLEDGEMENTS ......................................................................................... 9 5.0 CONSULTATION AND REVIEW PROCESS.......................................................... 10 6.0 COMMITTEE RECOMMENDATIONS .................................................................... 11 6.1 Records Access Orders .................................................................................... 11 6.2 Emergency Circumstances ............................................................................... 12 6.3 Application Process .......................................................................................... 13 6.4 Sealing Court Records ...................................................................................... 14 6.5 Regular Review of Act ....................................................................................... 14 6.6 Prescribed Forms .............................................................................................. 14 6.7 Interjurisdictional Recognition of Court Orders ............................................. 16 6.8 Communication by Police Services Regarding Missing Persons ................. 16 6.9 Education Regarding Disclosure Provisions .................................................. 17 6.10 Bill 210, Missing Persons (Silver Alert) Amendment Act, 2017 ................... 18 APPENDICES ............................................................................................................... 19 Appendix A: Written Submissions to the Committee ........................................... 19 Appendix B: Oral Presentations to the Committee ............................................... 19 MEMBERS OF THE STANDING COMMITTEE ON FAMILIES AND COMMUNITIES 29th Legislature Nicole Goehring, MLA Chair Edmonton-Castle Downs (NDP) Mark W. Smith, MLA Deputy Chair Drayton Valley-Devon (UCP) Leela Sharon Aheer, MLA* Barb Miller, MLA‡‡ Chestermere-Rocky View (UCP) Red Deer-South (NDP) Deborah Drever, MLA Ronald Orr, MLA§§ Calgary-Bow (NDP) Lacombe-Ponoka (UCP) Mike Ellis, MLA† Angela D. Pitt, MLA*** Calgary-West (UCP) Airdrie (UCP) Rick Fraser, MLA‡ Marie F. Renaud, MLA††† Calgary-South East (AP) St. Albert (NDP) Bruce Hinkley, MLA Dave Rodney, MLA‡‡‡ Wetaskiwin-Camrose (NDP) Calgary-Lougheed (UCP) Trevor A.R. Horne, MLA§ David Shepherd, MLA Spruce Grove-St. Albert (NDP) Edmonton-Centre (NDP) Hon. Sandra Jansen, MLA** Dr. David Swann, MLA Calgary-North West (NDP) Calgary-Mountain View (AL) Robyn Luff, MLA Denise Woollard, MLA§§§ Calgary-East (NDP) Edmonton-Mill Creek (NDP) Annie McKitrick, MLA Tany Yao, MLA Sherwood Park (NDP) Fort McMurray-Wood Buffalo (UCP) Karen M. McPherson, MLA†† Calgary-Mackay-Nose Hill (AP) * Committee Member until December 12, 2017 † Committee Member from December 12, 2017 ‡ Committee Member from April 19, 2018 § Committee Member until April 19, 2018 ** Committee Member until December 12, 2017 †† Committee Member from December 12, 2017 until April 19, 2018 ‡‡ Committee Member from December 13, 2016 §§ Committee Member from June 1, 2017 *** Committee Member until June 1, 2017 ††† Committee Member from December 12, 2017 ‡‡‡ Resigned seat on October 31, 2017 §§§ Committee Member from April 19, 2018 3 Standing Committee on Families and Communities May 2018 Final Report – Review of the Missing Persons Act Substitutions Pursuant to Standing Order 56(2.1-2.4): Jonathon Carson, MLA* Edmonton-Meadowlark (NDP) Lorne Dach, MLA† Edmonton-McClung (NDP) Karen M. McPherson, MLA‡ Calgary-Mackay-Nose Hill (AP) Angela D. Pitt, MLA§ Airdrie (UCP) Marie F. Renaud, MLA** St. Albert (NDP) Denise Woollard, MLA†† Edmonton-Mill Creek (NDP) Members Also in Attendance: Jonathon Carson, MLA‡‡ Edmonton-Meadowlark (NDP) Leela Sharon Aheer, MLA§§ Chestermere-Rocky View (UCP) * Substitute for Marie Renaud on April 27, 2018 † Substitute for Barb Miller on January 18, 2018 and for Marie Renaud on March 29, 2018 ‡ Substitute for Annie McKitrick on June 28, 2017 § Substitute for Leela Sharon Aheer on September 13, 2017 ** Substitute for David Shepherd on June 28, 2017 †† Substitute for Annie McKitrick on January 18 and February 21, 2018, and for Barb Miller on April 27, 2018 ‡‡ September 13, 2017 §§ January 18, 2018 4 Standing Committee on Families and Communities May 2018 Final Report – Review of the Missing Persons Act 1.0 EXECUTIVE SUMMARY During its deliberations on March 29 and April 27, 2018, the Standing Committee on Families and Communities made the following recommendations pertaining to the Missing Persons Act, SA 2011, c. M-18.5 (the “Act”). 1. That the Act be amended to expand the type of records that may be provided under section 3(2) to include any type of instant messaging, online account activity information, and records from group homes, shelters, and rehabilitation facilities. 2. That the Act be amended to limit the type of health records that may be subject to a records access order under section 3(2) to the extent that those records indicate the location or mental and physical condition of the missing person. 3. That the Act be amended to establish a time limit of 72 hours or such other reasonable time limit ordered by a justice of the peace for complying with an order to produce records as well as a requirement on the person subject to the order to provide a police service with an estimated amount of time required for the records to be provided. 4. That the Act be amended to permit a police service to apply for an order to obtain access to dental records. 5. That the Act be amended to clarify the circumstances in which a police service may require a person to produce records in an emergency situation. 6. That the Act be amended to expand the type of records that may be demanded in emergency circumstances pursuant to section 4(2) to include video recordings. 7. That the Act be amended to allow applications by police services for records access and search orders to be made electronically or by other means in addition to in-person applications. 8. That the Act be amended to permit applications and orders made under the Act to be sealed. 9. That the Act be amended to include a mandatory statutory review of the Act by a committee of the Legislative Assembly every five years. In addition, the Committee made the following recommendations pertaining to the Missing Persons Regulation, AR 151/2012 (the “Regulation”). 10. That the Lieutenant Governor in Council revise Form 1, Application for Access to Records, prescribed pursuant to section 14(f) of the Missing Persons Act, in accordance with the recommendations made by the Edmonton Police Service. 11. That the Lieutenant Governor in Council revise Form 2, Order for Records, prescribed pursuant to section 14(f) of the Missing Persons Act, to indicate that a police service must destroy any records received in connection with that order in accordance with the regulations. 12. That the Regulation be amended to make the signatory to applications for court orders under the Act be a justice of the peace. Finally, the Committee made the following additional recommendations. 13. That the Government of Alberta engage with other provincial and territorial jurisdictions to develop a co-ordinated legislative approach to missing persons legislation that would allow for the reciprocal recognition of court orders across Canada. 5 Standing Committee on Families and Communities May 2018 Final Report – Review of the Missing Persons Act 14. That the Government of Alberta, in considering amendments to the Missing Persons Act, consider the creation and adoption of strategies to deal with the challenges faced by marginalized groups in order to encourage more effective communication between police services and the marginalized groups they serve. 15. That Alberta Justice and Solicitor General co-ordinate with police services to examine annual reporting on the use of their powers under the Missing Persons Act. 16. That the Government of Alberta consult with stakeholders, including the College and Association of Registered Nurses of Alberta, to harmonize the practices and education with respect to the standards for information disclosure in the Missing Persons Act, the Health Information Act, and the Children First Act. 17. That the Lieutenant Governor in Council work with the
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