Canada

Mother says B.C. privacy laws limiting search for son who went missing over a year ago 

For the past decade, Christine Moore has been tirelessly advocating for her adult son, who she says struggles with mental illness and addiction. However, privacy laws have made it extremely challenging for her to obtain the information she needs to properly care for him. The difficulties she has faced have only been exacerbated since her son went missing over a year ago.

Living in Alberta, Moore reveals that it is not uncommon for her to go extended periods without hearing from her son. He has been without a cell phone since 2022, but he would always make a point to call her on Christmas and on his birthday in January. When he failed to do so last year, Moore knew that something was amiss. Christopher Newton, 33, was reported missing in December of 2023, according to authorities.

The Nelson Police Department disclosed that Newton was last seen at a Walmart in Nelson, B.C., where Moore believes he was living on the streets. Nelson, situated about 164 kilometers southeast of Kelowna on the shores of Kootenay Lake, has been the backdrop for Newton’s disappearance. Moore officially reported her son missing in January after he missed his usual calls, but she has not had any contact with him since.

Despite there being reported sightings of Newton last summer, the Nelson police have clarified that the information initially publicized about him being seen downtown in August was inaccurate. Moore explains that her son often frequented support services in Nelson and would call her from those locations, but due to privacy laws safeguarding Newton’s personal information, she cannot confirm if outreach workers saw him last summer.

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Moore is now advocating for a reevaluation of privacy guidelines and the care provided to unhoused individuals to prevent other families from experiencing the same struggles. In British Columbia, individuals typically have to provide verbal or written consent for family members to access their personal information, such as health-care or support service records. The Ministry of Health emphasized the importance of confidentiality in personal health information but noted exceptions for emergency situations where a person may pose a risk to themselves or others.

Despite these exceptions, Moore has encountered numerous obstacles when attempting to obtain information about her son from treatment centers, support agencies, and the Ministry of Health. She believes that if she had been allowed to be part of his care, he would not be missing today. Moore highlights the need for privacy barriers to collapse in missing person cases to gather essential information and involve families in their loved one’s care.

Aislin Jackson, a policy staff lawyer with the B.C. Civil Liberties Association, underscores the importance of protecting individuals’ privacy and autonomy, which underpins British Columbia’s laws regarding information access. While there is some flexibility, the emphasis remains on personal autonomy over information. Adults can designate decision-making power to others through representation agreements, but Moore was unaware of this option until after Newton’s disappearance.

Moore reveals that her son’s struggles stem from schizophrenia, leading him to live on the streets and turn to drugs to cope with symptoms. She emphasizes the need for a housing-first approach, tailored support services, and individualized care for each person. Newton’s case remains under investigation by the Nelson Police Department, who urge anyone with information to come forward. Newton is described as five feet ten inches, 159 pounds, with brown hair, brown eyes, and a skateboard tattoo on his left shoulder.

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