Father of missing northern Ont. girl, 5, questioning lack of Amber Alert

The father of a missing five-year-old Indigenous girl from northern Ontario, at the centre of a messy custody battle, is questioning the police's decision to not issue an Amber Alert.

Nakina Boyer and her mother Jeanette Niganobe, 47, were last seen Jan. 15 in Mississaugi First Nation east of Sault Ste. Marie.

"We do know that Jeanette departed with the child and is evading police," Ontario Provincial Police Const. Phil Young told CTV News in an email.

UPDATE: Boyer and mother Niganobe were located on Saturday.

Messy custody battle

Boyer's father, Fred Robinson, told CTV News in an online video interview Friday morning he was granted full custody on Monday after a three-and-a-half-year court battle. Niganobe has been given visitation every other weekend.

"We had a Zoom court appearance Monday the 15th at 9 o'clock in the morning in which the judge decided for Nakina's safety, she'd be better off in my care," Robinson said.

Ontario Provincial Police (OPP) said it couldn't comment on the court judgment and the Elliot Lake courthouse referred CTV News to the Ministry of the Attorney General, which has not yet provided confirmation of the custody order.

"I received a phone call from OPP roughly around I'm going to say 10:30, quarter to 11, they advised me they got a phone call from Mississaugi First Nation … and they were worried about Jeanette fleeing, taking off with Nakina," said Robinson, of Batchewana First Nation.

Because the custody order is police-enforced, he added, Nogdawindamin Family and Community Services and a band rep from Mississaugi First Nation went to Niganobe's home and found no one there.

"They were gone and they seen suitcase, wheeled tire marks (in the snow) leaving the house going into a vehicle," Robinson said.

He then filed a missing persons report with OPP on Monday.

Following a tip

Both he and Nogdawindamin received tips that Niganobe and Boyer were in Toronto.

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"They were supposed to go there and get her," but they missed her, Robinson said.

"They must have went too late."

Because he has many relatives in the Sault Ste. Marie area who could pick her up if she was found nearby, he decided to travel down to Toronto.

"So we could be close by and get her right away sort of deal," Robinson said.

"I didn't want her to be in (Children's Aid Society)'s … hands too long."

Fred Robinson (Boyer) and his daughter Nakina. (Supplied)

As police continue to investigate, he is still in Toronto waiting for a call.

Why has there been no Amber Alert

Since filing the missing person report, Robinson has asked OPP for an Amber Alert but has been told the case doesn't meet the criteria.

Nakina Boyer dressed up as a princess (Fred Robinson)

In order for an Amber Alert to be issued, the following criteria must be met:

• Police believe a child under 18 years of age has been abducted
• Police believe the child is in danger
• There is descriptive information about one or more of the following: child, abductor and vehicle
• There is a belief that an immediate broadcast alert will help in locating the child

"We can say that Nakina was taken by Jeanette, but at this point believe she is still being cared for," Young said.

"I do know police are currently working tirelessly on this and consider it a priority. There are many police agencies currently involved with the investigation and Toronto Police Service is one of them. If there is any new and relevant information pertaining to the Amber Alert criteria, police will act on it accordingly."

Nakina Boyer at Christmas 2022 (Fred Robinson)

When Niganobe is found, she will be charged with abduction in contravention of a court order, Young said.

What to look for

Nakina is described as being four-foot tall, 80 pounds with a heavy build and straight, light brown hair and blue/grey eyes.

Nakina Boyer with scooter (Fred Robinson)

Jeanette is described as Five-foot-three inches tall, approximately 145 pounds with a medium build and long brown hair and brown eyes. She may also be going by Jeanette McCoy.

"If you have had any contact with Nakina or Jeanette or have any information regarding their whereabouts, please contact the Ontario Provincial Police at 1-888-310-1122 reference number E240056327," OPP said.

Tipis or information can also be provided to any nearby police authority or Crime Stoppers anonymously.

OPP and Mississaugi First Nation Police Service said the investigation is continuing and police will follow up on all leads that are provided.

CTV News reached out to the mother on social media and has not yet received a response.