Missing Persons Act 'broadly worded,' says lawyer Mike King

A St. John's-based lawyer thinks new legislation aimed at finding missing personscould be potentially abused.

Mike King was responding to the release of the Missing Persons Act, which was announced Thursday by Newfoundland and Labrador Premier Paul Davis.

• Missing person legislation would grant police greater powers

King told CBC News "we all agree that police should have effective resources" to help find a missing person, but added what needs to be assessed are the potential negative impacts of the new legislation, and how it could potentially be abused by police.

'Issues with the legislation'

"My first reaction is that there are issues with the legislation ...we have to look beyond the title and we have to look at the specific provisions in the act and assess whether those provisions have some sort of potential negative impact that might not be obvious from day one," he said.

King said the new legislation defines a missing person using a "very low threshold," and he suggests that a wide range of situations could fall under the new terms as they have been presented.

"The act is very broadly worded," he added. "[It] says 'A missing person is an individual whose whereabouts is unknown, and who has not been in contact with the likely persons that would be in contact with the individual.'"

King said the new legislation, if passed, would enable police to obtain things like cell phone and text messaging records, internet browsing histories, GPS locations; as well as employment, health, educational, travel and financial information.

He said under the new rules, as they have been proposed, an officer with the Royal Newfoundland Constabulary or RCMP could also enter a person's home.

Meeting the threshold

"A home is a person's castle," King said. "This legislation would enable [police] to surpass this legislation and they will be able to go into a person's home if it meets the threshold under the act."

Speaking to what would happen if police enter a home while looking for a missing person, and they discover other, unrelated evidence that could be criminally related, King said the act also addresses that situation as well.

"If the investigation turns into a criminal investigation they can then use that information, so it does enable the police to get through the back door what they would be unable to get through the front."

Meanwhile, Premier Davissaid there shouldn't be much reason for concern.

"I believe that the appropriate balance has been struck between privacy concerns and the safety of individuals, and I firmly believe that it will be an asset to police as they carry out their investigations," said Davis.

Similar legislation already exists in NovaScotia, Manitoba, Alberta and British Columbia.