Proposed law would allow police access to a missing person's phone, messaging records

Cheryl Beddow may jump for joy if legislation introduced this week to help police search for missing people is passed.

"It might seem like a small thing, but it could have a big impact for the next person with a missing loved one," Beddow said Wednesday. 

Beddow's father, Paul Doughty, has been missing since August 2021, when he was last seen at a business near Pennfield, west of Saint John. 

Beddow was told by police they couldn't access phone records because his disappearance isn't considered criminal and the province doesn't have a law such as Nova Scotia's Missing Persons Act. 

Beddow and family members of other missing people started a petition and lobbied the province for similar legislation. 

On Wednesday, Public Safety Minister Kris Austin introduced the Missing Persons Act.

It's meant to make it easier for police in New Brunswick to access phone and data of missing people when there's no criminal investigation underway.

A news release says that without the law, police can't compel individuals or corporations to release personal information about the missing person when no crime is suspected.

The law would allow police forces to seek authorization from a judge to access signals from a wireless device that may show its location, phone records, GPS tracking data and all forms of instant messaging.

Law would allow property searches

The law would also allow a judge to authorize police to enter and search properties, including a home, if officers believe a missing minor, vulnerable person or a person at risk is inside.

"It will go a long way in helping solve some of those issues around missing persons," Austin said in the legislature.

Erin Adams-LeBlanc was another person who called for the law after her stepson Kyle LeBlanc disappeared in Saint John in December 2020. 

His remains were found in August, and she said an investigation into his death is still going on.

She said officers told her they weren't able to take steps such as searching social media accounts while looking for LeBlanc because his disappearance wasn't considered criminal. 

"Because that act is not in place in New Brunswick, it basically puts up a bunch of red tape and makes their job harder to be able to locate missing persons," Adams-LeBlanc said. 

Adams-LeBlanc, Beddow and Amanda Frigault launched the petition calling for the law to be introduced. 

Frigault's 17-year-old son, Brayden Thibault, was last seen alive on Fredericton's north side July 31, 2017. In 2019, RCMP deemed his disappearance a homicide that has yet to be solved. 

"This Missing Persons Act, it won't help me," Frigault said. "It won't help find my son. But it will help so many other families."

The bill still needs to receive second and third reading in the legislature. 

Second reading of the bill is scheduled for Nov. 1.

Adams-LeBlanc urged MLAs to pass the law. 

"The added stress in this type of circumstance is really uncalled for and by passing this act it will make everything easier for police, it'll make everything easier for families," she said.

"I really do believe missing people can be found a lot quicker if this act is in place."