Federal Court Decisions

     T-2826-93

BETWEEN:

     RANDOLPH EDWARD LIEB,

     Plaintiff,

     - and -

     HER MAJESTY THE QUEEN,

     Defendant.

     REASONS FOR JUDGMENT

DUBÉ J:

     The plaintiff launched this action against Her Majesty The Queen on December 3, 1993. Acting on his behalf, he drafted his own statement of claim and pleaded his case in Court. The initial document containing 32 paragraphs was substantially reduced by order of the Court on May 26, 1994 following a motion to strike out under Rule 419(1)(b).

     The main grounds of the plaintiff's action appear to be based on an alleged conspiracy between two officers of the RCMP, a local pediatrician, and a Social Worker. The purpose of the conspiracy is outlined as follows in paragraph 8 of the statement of claim:

8) RCMP Officers H. Dalton and G. Bambury entered into a conspiracy with the Pediatrician, Dr. Marie Hay, and the Social Worker Harry J. Smith. The purpose of this conspiracy was to:

a)      deprive the Plaintiff of his wife and children without allowing him due process,

b)      to entrap the Plaintiff,

c)      to deny the Plaintiff all opportunity to take appropriate steps, such as engaging the services of a lawyer, by concealing from the Plaintiff what had transpired in the matter.

     The facts of this case are unusual, to say the least. The plaintiff, a native of Switzerland, has been residing for more than 20 years on Woody Island, an isolated and nearly deserted island in Placentia Bay, Newfoundland. The plaintiff, a fisherman, met his wife in 1975 through a newspaper add. He was then 39 and she was only 21. Together they raised four children in a house with no running water, no electricity, no telephone, no refrigerator and no television.

     In July 1988, Mrs. Lieb went for a week's holiday to the French Island of St-Pierre where she met a young French engineer and had an affair with him which she disclosed to the plaintiff upon her return home.

     In December 1988, the couple's eight year old son came down with juvenile diabetes. He was admitted to the Clarenville Hospital on the main land at 5:00 a.m. one morning, having been brought from Woody Island by his parents in an open boat in freezing temperature. Doctor Marie Hay, a local pediatrician, stated in her "professional opinion that if there had been a delay of another two or three hours then Graene will probably have died". While at the hospital, Mrs. Lieb admitted to Dr. Hay she was extremely afraid of her husband and so were the children because when he got into a rage he became uncontrollable. When made aware of the living conditions at Woody Island, Dr. Hay notified the local RCMP and the Newfoundland Department of Social Services. Harry J. Smith, the local Social Worker, concluded that Mrs. Lieb should be given assistance to leave her husband and to take her children with her to her family home in Manitoba.

     The evidence shows that the RCMP, at the request of the Social Worker, played merely a protective role in case the plaintiff became violent and objected to the departure of his wife and children. Actually, the RCMP assistance was not required and Mrs. Lieb and her children were allowed to leave without any interference from the plaintiff.

     There is no evidence whatsoever, either documentary or viva voce, that Officers Dalton or Bambury conspired with Dr. Hay, or with Social Worker Smith or with anybody else, to deprive the plaintiff of his family or to entrap the plaintiff or to deny him the opportunity to engage the services of a lawyer. Neither Dr. Hay nor Mrs. Lieb were called upon to testify at the trial but, according to the evidence of Mr. Smith, who did testify, Mrs. Lieb left for Manitoba on her own free will.

     According to Mr. Smith, following serious accusations made by Mrs. Lieb against her husband, he discussed the matter with his supervisor and it was decided by the Newfoundland Department of Social Services to provide financial assistance to Mrs. Lieb and her children to be repatriated to Manitoba. He also contacted the Manitoba Social Services to insure their cooperation. No pressure was applied on Mrs. Lieb and no one was ever apprehended. Mrs. Lieb and her children left freely.

     Mr. Smith also corroborated the evidence of the plaintiff that, after the departure of his family, he launched an action against the Government of Newfoundland with reference to this matter and the province decided to settle out of Court and pay the plaintiff $ 7,000 without admission of liability.

     According to the plaintiff's own evidence, after the departure of his wife, he lived with another woman with whom he had a child and then married again to a third woman with whom he has had two children "and a third one on the way".

     As to the services of a lawyer, the plaintiff himself testified that he did not need a lawyer, could not afford one, and was perfectly capable of representing himself. In fact, he did remarkably well at the hearing, considering his lack of formal education, but not well enough to succeed since he really has no cause of action against Her Majesty The Queen.

     Whatever cause of action he thought he had against the Social Worker of the Province of Newfoundland was settled without any admission of liability. He has not taken any direct action against Dr. Marie Hay and could not, of course, do so in the Federal Court as she is not a federal servant. The only possible claim that could have been entertained by this Court would have been based on the conduct of the RCMP officers as agents of the Crown and, again, the evidence shows that they merely carried out their duty, which turned out to be very limited in the circumstances.

     Finally, following the report of Dr. Hay and the complaints of Mrs. Lieb, the RCMP intended to carry out an investigation against the plaintiff, in accordance with normal procedure, but since Mrs. Lieb had left the province and informed the RCMP that she would not return to Newfoundland and would not cooperate in any investigation, the RCMP did not pursue the matter.

     Consequently, this action is dismissed with costs.

O T T A W A

September 10, 1997

    

     Judge