Henry Estate v. Alberta Health Services, 2011 ABQB 113

Court of Queen ’ s Bench of Alberta Citation: Henry Estate v. Alberta Health Services, 2011 ABQB 113 Date: 20110224 Docket: 1003 14100 Registry: Edmonton Between: :Nanya-Shaabu:El, Administrator for the Estate of Jensey Selywn Henry, Merle Berrinice Henry Plaintiffs - and - Alberta Health Services, Capital Health Mental Health Crisis Service, Capital Health Regional Mental Health Program, Kenyouth Lucien Henry, Royal Canadian Mounted Police Defendants _______________________________________________________ Memorandum of Decision of W.

Breitkreuz, Master in Chambers _______________________________________________________ [ 1 ] This is an application by the Royal Canadian Mounted Police (the applicant) to have the statement of claim struck as against that defendant. [ 2 ] This application can be granted and will be granted on the same grounds that Mr. Justice Sanderman granted the same application in a similar proceeding by these plaintiffs in action number 0903 15282. In his oral judgment he stated at page 4, line 25, speaking of the statement of claim: “It is absolute gibberish” and further down on the same page at line 38 he says:

“it would be an affront to the dignity of this Court and an affront to the dignity of any Court to allow a document such as this to stand and to force individuals to come to court to have to answer this, as I say, just absolute gibberish.” [ 3 ] There are additional grounds for granting the application, one of which was also stated by Mr.

Justice Sanderman in the case I mentioned earlier, namely that the plaintiffs have no legal status to maintain this action, as no one has shown proof of being the administrator of the estate of Jensey Selywn Henry. [ 4 ] The other ground on which this claim ought to be dismissed is more substantial: Mr. El in argument admitted that the only reason this statement of claim was issued was to force the RCMP to disclose the name of the informant who called the RCMP to the home of the deceased Mr. Henry.

No authorities were cited to me which is not surprising because I do not believe any such authority exists, to the effect that the police are required to disclose the names of their informants. There are sound policy reasons for such information to be kept confidential. A large amount of police investigation is expedited as a consequence of telephone calls received from the public. Certainly a large number of these calls are made in the expectation that the source will be kept confidential.

This must be a type of confidentiality or privilege that ought to be sedulously fostered, to use Wigmore’s words. [ 5 ] The application is granted with costs to the successful defendant. Heard on the 9 th day of December, 2010. Dated at the City of Edmonton, Alberta this 23 rd day of February, 2011. W. Breitkreuz M.C.C.Q.B.A. Appearances: :Nanya-Shaabu:El for the Plaintiffs Jaxine Oltean Department of Justice Canada for the Defendant, Royal Canadian Mounted Police