Difference between revisions of "Missing Persons and Abductions (4:IX)"

a) Legislation

The Missing Persons Act (the Act) came into force June 9, 2015, setting out the provisions for accessing records that will help find missing persons, including special provisions for people who are vulnerable, youth and persons at risk.

The Act allows a member of a police force to apply to the court for records to help find a missing person. When there is a risk of serious harm to a missing person or a concern that records could be destroyed, the Act authorizes officers to make an Emergency Demand for Records without going through the court. Section 18 of the Act requires that a report on the use of  Emergency Demands for Records must be submitted to the Minister or his or her designate on an annual basis and must be made public.

The Act defines a missing person as an individual whose whereabouts are unknown despite reasonable efforts to locate the individual and  

a) who has not been in contact with those persons who would likely be in contact with the individual, or  

b) whose safety and welfare are feared for given  

i) the individuals age  

ii) the individual’s physical or mental capabilities, or

iii) the circumstance surrounding the individuals absence  

b) Resources  

I. The National Centre for Missing Persons and Unidentified Remains (NCMPUR)  

NCMPUR is Canada's national centre that provides law enforcement, medical examiners and chief coroners with specialized investigative services in support of missing persons and unidentified remains investigations.

One of the NCMPUR’s responsibilities is managing the national public website to provide information on selected cases to the public for the purposes of seeking tips on investigations.  

The Canadasmissing.ca website features profiles of missing persons and unidentified remains that have been published at the request of the primary investigator from either police, coroner or medical examiner agency. Furthermore, resources are provided that instruct individuals on how to submit tips, specialized services, and fact sheets.  

II. Travel Reunification Services  

This is a program designed to assist a parent or a legal guardian who cannot afford to return the abducted child to or within Canada, once the child is located. In order to be eligible for travel assistance, the following guidelines must be met:

1. The request for transportation must come from the investigating Police Agency or the Central Authority from the child's home province:

o A law enforcement agency investigating a child abduction complaint;

o A representative of a Canadian Central Authority pursuant to the Hague Convention on the Civil Aspects of International Child Abduction; or

o An agency designated by NCMPUR Operations.

2. The requesting agency is responsible for assessing the financial status of the family and determining if transportation should be provided. (For example: whether the requesting parent's financial circumstances would make paying for the child and/or parent's transportation prohibitive).

3. Assistance will be limited to child abduction situations, including situations where the child is abducted by parent or legal guardian.

4. Assistance will be provided to transport:

o In the case of older abducted children, home; and

o In the case of younger children, enable the left behind parent or legal guardian to travel to the jurisdiction where the child is and return home.

5. In some cases, it may be appropriate for a person other than the left behind parent or legal guardian to retrieve the child and accompany the child home.

6. If the left behind parent is travelling to retrieve the child, the requesting authority must make every reasonable effort to confirm/ensure that the parent will be able to obtain legal physical custody of the child. For example, consideration should be given to whether a return order is pending or under appeal, the child's whereabouts are known, there are legal impediments to the child's removal, etc.

7. The requesting agency must ensure that the parent or legal guardian has all the necessary documents in order to retrieve the child. For example: child's birth certificate; custody order; passport and any other necessary travel documents.

8. Assistance will not be provided to transport the abductor, even if he or she is the person able to accompany the child home.