Q: It seems every time I am in a store or other public place, I see posters about missing children. What, if anything, is being done to find these children? More importantly, is anything being done to prevent this from happening?
A: I cannot imagine anything worse than my child disappearing and not knowing what happened to her. Fortunately, there is lots being done to try to locate missing children, as well as to prevent it.
There are a number of organizations in Canada and abroad that are devoted to this quest. One of the leading ones is the Missing Children Society of Canada. This organization has its main offices in Calgary and Oakville, Ont. It is a non-profit entity dedicated to the search for both abducted children and those who have run away. There are many other agencies such as Child Find that are striving for the same results.
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Most missing children, in fact, are runaways. Often, kids who run away want to be gone from home at first, but soon get in over their heads and would return to their families if they could.
Other children are abducted, but not necessarily by strangers. Parents who are in a custody battle will sometimes scoop their kids and flee. Frequently this involves a cultural clash and the abducting parent will run to another country, where it is difficult to find and return a child. We think it’s a “stranger” who will abduct a child. Many times, it’s someone known or connected to the child or the family.
When I first began to research your question I was staggered to read that about 56,000 children are reported missing in Canada each year. Thankfully the statistics tell us that most of them are returned home or come back of their own free will within 48 hours. But there are a lot who do not. Charitable organizations like the Missing Children Society assist police departments and increase public awareness of this problem. The society also has trained investigators, as well as connections to many other countries, all of which can be of help in locating children who have gone astray. It does this free of charge.
Obviously, the police are instrumental in investigating such cases. The RCMP maintains a national registry or database, which is accessible to police officers. Most municipal police services also have a detail devoted to missing persons.
The federal government is also active in this area. Among other things, it maintains a detailed website at www.ourmissingchildren.gc.ca. On this website you can find a list of accredited organizations that can help parents, with contact information for their area. A missing children database is maintained, which the public can search. There is a page full of articles and tips for parents, both preventive in nature and helpful about what to do if your child goes missing. Research and statistics are available, as is a page of links to other internet resources.
There are numerous laws pertaining to this topic. Obviously, the Criminal Code of Canada prohibits kidnapping, but it also contains special sections on parental abductions (Sections 282 and 283) that cover situations where there is, and is not, a custody order in place.
Canada is also a signatory to the Hague Convention of 1980 that deals with the civil law aspects of international child abduction. This provides a protocol for the assessment of international abduction allegations and the peaceful return of children.
Ordinary citizens can get involved by participating in the many organizations devoted to this cause and by lobbying their legislators for increased assistance.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
