For Love and For Justice / Part 97 / Zabeth and Paul Bayne

Remembering to Live for the Moment
After an entire life of dreaming, fulfilling dreams, becoming educated, trained, working at a fulfilling career, making innumerable friendships, given great responsibility, having countless opportunities for growth and improvement and seeing many countries of our world, I find myself blessed.

Did I always live life, truly live it? I am not convinced that I have. I spent a lot of days and weeks getting life done. I probably theorized that the best use of my time was the work I did and the tasks I completed. I learned to become a stellar organized man, and effective administrator. Christine often reminded me to be more spontaneous. Perhaps I am being too hard on myself in this assessment yet I realize now that the best use of my time requires that I know what is most important and then give myself to that.

The lesson was reinforced on Thursday evening when I watched a reality TV show called “Live for the Moment.” This premiere episode featured a family of four, a husband Roger Childs, and his wife and two young sons. We learned that Roger is suffering from ALS (also known as Lou Gehrig's Disease). Customarily this disease that degenerates the body is sufficient reason to cast the sufferer into a permanent funk. Roger, however, came to terms with the truth that he would not live long and he determined to live the time he had to its fullest and to help his family make this time rich with memories. Roger chose to have his family embark upon his bucket list of adventures. In stepped a TV network and host Jeff Probst of ‘Survivor’ fame and the network’s funds to finance the realization of Roger’s many interests and dreams. For an hour my emotions were increasingly challenged as I followed Roger and his family to NASA and a shuttle launch, then an exhilarating ride in a fast jet powered L39 Albatross, then a reunion with a college room mate and a heli-ski experience and finally a reunion with long lost friends and family. This culmination revealed a Roger Childs ALS Research Fund, and $80,000 college scholarship for his boys and he was made an honorary aircraft Commander.

Of course Roger’s lesson to us all was that living life is about the small moments and keeping perspective that's important. If there is something you want to do, don’t delay. Do it.

All the while that I was personalizing this lesson I was also thinking about my friends Paul and Zabeth Bayne and the uphill battle they wage daily to fulfill their dreams and interests. They don’t have the option of spontaneity. They must be 100% committed to one thing and only one thing. They must do all they can do in the preparation of their case together with lawyer Doug Christie, to convince a Judge in a court of law, that not only are they fit parents, but also that the Ministry of Children and Family Development in British Columbia has erred in its seizure of the Bayne children and in their custody of the children for well over two years. When the gavel comes down sometime this spring, those three children must be awarded back to Zabeth and Paul. That is the moment for which they are living. That is the compelling perspective and the most important goal of their lives. Only when that happens will they truly begin to live.

photo credit: CBS

For Love and For Justice / Part 96 / Zabeth and Paul Bayne

"For Love and for Justice" was the title given to a piano duo Fund-Raising Concert held early in January 2010 on Vimeo.

That explains the invitation at the start and close of the brief video.
While the concert is history, Bethany's story is ongoing. She was 6 weeks old when she was taken from Zabeth and Paul. She is now a toddler and is two years and three months of age. She has lived with people other than her parents almost all of her short life. She sees Paul and Zabeth on two afternoons each week because they are always there. They can hardly wait to see her and hold her each visitation day.

Too many people in elected positions and positions of authority and influence have found it easy to ignore one family's agony, ignoring the horror of this assault against Canadian personal freedom. Too many in administrative positions ignore the errors in judgement of others working within the system. It is convenient to say, "No comment." "I can't comment on this case at this time." "It is before the court at the moment and I am not permitted to talk about this case."

But after this is over, will you talk then? Will you seek to redesign the governing procedures and practices? The Bayne family is not the only one that is being abused by a rush to suspicion and judgement with an absence of mercy. That is what makes the outcome of their case so crucial. What this court case will expose over the next several weeks will open the door yet again to a full scale inquiry into the child protection program of this province. That's not a bad thing but rather a necessary and good thing.

I have the permission of Paul and Zabeth Bayne to use their names and the names of their three children on any of the postings I make at this blog site. They have no desire or intention of hiding any of the details of this case.

For Love and For Justice / Part 95 / Zabeth and Paul Bayne

LOVE

Zabeth and Paul visit their three children on two afternoons each week. All three children are now in the same foster home. On those two afternoons, Paul and Zabeth have three hours in which to hug and love and play and pray and read and tell stories to their children. The children have not been permitted to be with their own parents in their own family home for twenty-seven months.

Mommy and Daddy take occasional photos of their family visits. During the other 162 hours of each week, those photos are the only physical evidence they have that their children exist. Some of their pictures make them laugh. Some show the family cuddling. Sometimes the photos simply cause Zabeth and Paul to pause and grasp the reality that so much time has slipped away. Tears come when comparing current shots with some pre-crisis photos. Little Bethany is a toddler now. She was six weeks old when the Ministry of Children and Family Development took her. She was a newborn. Zabeth was nursing her.

A court case that will decide whether this separation becomes permanent or whether the children are returned to Paul and Zabeth is presently active. The first series of court days were January 12-14. Court sessions have been scheduled throughout February allowing for breaks. The next series of Court Days are scheduled for February 2-5 at the Chilliwack Court House. The public is permitted to attend.

For Love and For Justice / Part 94 / Zabeth and Paul Bayne

An original song entitled ‘Justice’ written by Tom Simanek and Rob Elliott is performed by Rob Elliott in dedication to the struggle to reunite families that have been shattered by the family courts. A video using this song’s lyrics has been prepared by Linda McDermott, Dave Ellison, Shaun O'Connell, Layton Bevan and Julia Langmaid. You can listen and watch this on YouTube at this link. http://www.youtube.com/watch?v=FkWQDWnsyfw

Justice

The race-car bed is empty,
no toys are on the floor,
not many changes you can see...
but Johnny doesn't live here,
doesn't live here any more...
never coming through that door.

Feel what I feel
my heart bleeds...
Show me mercy,
hear me plead...
Give me justice,
give me justice,
It's what I need.

A scrap of legal paper,
an expert testifies,
the child you love is taken...
but justice doesn't live here,
doesn't live here, it's a lie...
nothing you can do but cry.

Feel what I feel
my heart bleeds...
Show me mercy,
hear me plead...
Give me justice,
give me justice,
It's what I need.

A judgement not of Solomon,
no wisdom in the words,
and after all is said and done...
your Johnny doesn't live here,
doesn't live here and what's worse...
nothing lives here but the hurt.
Nothing lives here but the hurt.

Feel what I feel
my heart bleeds...
Show me mercy,
hear me plead...
Give me justice,
give me justice,
It's what I need.

copyright 2009 Simanek/Elliott

For Love and For Justice / Part 93 / Zabeth and Paul Bayne

This is a family of five. It is not the Bayne family. It is however, the way the Baynes dream of living, hand in hand, happy, together, walking away from a nightmare.

Paul and Zabeth are road warriors already. After all it has been two years and three months that they have been deprived of their children. You read that length of time correctly. Their youngest child, Bethany was two months old when she was removed from her home and from her parents' custody and care. That inordinate length of time will factor surely into the case their attorney makes against B.C.'s Ministry of Children and Family Development. Some within the Ministry assume a level of authority beyond even the seeming excessive power that has been granted to the Ministry in order to protect children. It will be shown that the Ministry has strided far past its generous permissions in its hard treatment of the Baynes.

Paul and Zabeth have steeled themselves to the indignities they suffer on a weekly basis so that they will not jeopardize the little amount of time that they are permitted to have with their own children. They have to be so careful. Their time with the children, three hours on each of two afternoons per week, is closely scrutinized. This scrutiny comes from the person who drives the vehicle that transports the children. This driver is not a Ministry employee but works for an independent company which is contracted by the Ministry. The driver makes notes throughout the three hours while watching the five Baynes play, pray, sing, laugh, embrace. The driver has been carefully instructed to record conduct and behaviour of parents with children, attitude, comments made. These notes will be provided to the Ministry for their file on these parents. This driver employee polices the Bayne parents by censuring harmless actions or activities under threat that non compliance will result in removal of visitation privilege.

An example occurred this past week and the Baynes have sent a letter of complaint to Kimberly Grey MCF/EX. They wrote, "We have just left the visitation with our children and while we were saying goodbye our children made a hand sign at us again, which we returned. The driver (not named here) quickly stated "no, if you do that the visits will be stopped." There have been numerous other unwarranted and unnecessary restrictions imposed upon the Baynes over many months. During the first days of this court case MCFD employee Berhe Gulbot was questioned by Bayne lawyer Doug Christie with regard to these restrictions. Berhe Gulbot agreed in cross examination that these were not Ministry policy and that they would be unreasonable. The Baynes wrote in this written letter, "If these restrictions are a direct instruction from the Ministry I then request that you submit a list to us to refer to, but if Berhe Gulbot's testimony on cross examination was correct then these restrictions are not Ministry policy and are unreasonable and therefore we should not consider them a threat to the continuation of our visitations." BRAVO!

This court case is active. Court sessions have been scheduled allowing for breaks. The next series of Court Days are scheduled for February 2-5 at the Chilliwack Court House.

For Love and For Justice / Part 92 / Zabeth and Paul Bayne

Life is too precious.

My own life is almost spent. Sure I may have many years to live. Yet my energetic working years are done. The strong blond man of my high school and college years lives only in pictures seldom viewed by anyone. My children now in their own mid years don’t remember me in my youth. In their minds they have only grown accustomed to the ‘me’ with escalating limitations. Their children will always know me ‘old.’ Grandpa I am.

I am not complaining. This is life. It’s good. There are large measures of joy and satisfaction attached to this personal definition of life in Canada.

That’s why the wounded lives of Paul and Zabeth Bayne and their children Kent, Baden and Bethany trouble me so much. That's why the Court Case, the result of which will determine whether the children can come back to their parents or whether they must be forced to become adopted children to adoptive parents, is one of the most important events in B.C. right now. It is only one family of course. However, this single case forecasts the likelihood of an overhaul of the structure, protocol, personnel and policies of this beleaguered child protection agency. It is unthinkable that the Judge's conclusion might greenlight further injustices to more innocent parents and children as zeal and power without wisdom decides the lives of citizens.

The Baynes should not be enduring this broken family unit, the financial ruin, the daily tears, the eyes of three children filled with worry and doubt about so many things that should not harass a child in Canada.

Justice needs to be served on a silver platter to this family so that what remains of three children’s formative years will be spent in the affectionate and daily embrace of parents who love them so tenaciously that they will plead ardently until the custody of their children is restored to them. They will also unceasingly declare their innocence. Innocent, they will never admit to a guilt that is implied by a two year old medical diagnosis of baby Bethany with which a long list of medical professionals dispute. This court case, painfully lengthy, will validate the Baynes as worthy parents who have suffered an incalculably horrific two and a half year travesty of human rights, freedom and justice.

2nd Addendum to the 91st

A very informative website has been established documenting the Bayne PLEA FOR JUSTICE / The Plight of Paul and Zabeth Bayne

Addendum to the 91st

The Schedule for Court Days is as follows:
Feb 2 -5; Feb 8 - 9; Feb 11-12; Feb 22-23; Feb 25-26
You are welcome to attend, to hear the witnesses' testimonies, the cross examinations, and to be an encouragement to the Baynes by your presence at the Chilliwack Court House.

For Love and For Justice / Part 91 / Zabeth and Paul Bayne

The trial is scheduled to last sixteen days and these days are to stretch through January and February. The first three court days were held on Wednesday 12th , Thursday 13th and Friday 15th . The focus of the early days of the court case have been upon the testimonies of social workers and the regional Director for this case. That is precisely how it came down.

The Baynes’ demand for their children has been a public and high profile claim particularly during the past year. Global and CBC news networks have done stories on the Baynes’ contest with the Ministry of Children and Family Development. The Baynes themselves have maintained an online presence through websites and Facebook pages. People like me have easily recognized the injustices within this case and have sought to explain facts, some of us doing it objectively and others expressing objectionable opinions. Always the Baynes have asserted that MCFD’s legitimate task of protecting children was based on a wrong medical diagnosis and then a series of skewed MCFD decisions not in the interest of the Bayne family but in the interest of building a case for MCFD’s seizure and custody of three Bayne children. Little effort was made by MCFD to truly know Paul and Zabeth, their characters, principles and values and family commitments. The Baynes’ vigorous and persistent fight for their children over the two and one half years of this torment was perceived by MCFD as a declaration of war rather than being seen through the understanding eyes of social workers with authentic sensitivity to humanity. I am sorry to have witnessed that. I am appalled that this flaw appears to be a common feature in child protection networks across our country, in every province, in the UK and in Australia. Do some googling and you will soon be confronted by an avalanche of worrisome reports about insensitive and inept case handling and worse, incarceration of parents falsely accused.

Ministry of Children and Family Development attorney, early in the court proceedings, applied for a ban on all publicity and news coverage. During a 15 minute presentation, Bayne’s lawyer Doug Christie ardently opposed this application, arguing for the public’s right to be informed about a case as significant as this and about a Ministry that is charged by the public to fulfill its responsibilities. Christie contended that the media has a right to participate, report and defend its reported accounts. He further stated that it would be inappropriate for the Judge to make a decision on this application within fifteen minutes of hearing the application. The judge then adjourned for 30 minutes and upon his return indicated that he would not so soon approve the application for the ban because it might affect this case and others that would follow this one. If the MCFD intended to pursue the ban application, then the media must also be allowed to defend its position. MCFD attorney Finn Jensen then told the court that he would not proceed with the application. So this was dismissed. In truth this may result in better accountability through public exposure.

CBC ran a story on the opening day of this court case and that content was sympathetic to the Baynes’ claim that the children should be returned to them.

Addendum to the 90th

I have learned that the court case is schedule to take three weeks but that since the 12th there have been only three actual court days. The Baynes work closely with their legal representative Doug Christie in between court days to prepare for the days ahead. I will learn more today. Paul and Zabeth are very encouraged by their lawyer's court room examination and cross examination. May all the truth come out and the children come back to the Baynes.

For Love and For Justice / Part 90 / Zabeth and Paul Bayne

Heroes and Villains.

I am back home. Christine and I enjoyed a vacation in the sun. All the while I was constantly aware that at the same time Paul and Zabeth Bayne have been living through the rigors of the most important days of their family’s life. My daughter Cari has provided the occasional update when it was available. I will now recover my commitment to detail their struggle to regain custody of their children.

Each morning that I am home, upon waking, I hit an icon that immediately loads at least ten internet sites, one of them being CBC. Interestingly today, journalist Terry O’Reilly’s series on marketing called ‘The Age of Persuasion’ is profiled on CBC’s first page. His article today is entitled Heroes and Villains. With a graphic portraying Superman and one of his arch rivals Lex Luthor, the brief write-up says that this episode will air today Saturday the 23rd at 10 AM and again on Monday at 11:30 AM. on Radio One. In it O’Reilly will show how a brand is often defined by the problem it solves or the rival brand it contests against. The strength of the villains, the problems being fought, the obstacles being overcome play a vital role in establishing the heroic quality of the brand being profiled.

In the court case of Paul and Zabeth Bayne versus the BC Ministry of Children and Family Services which will enter it’s second week on Monday the 25th, the characters and conduct of the Baynes for the past two years plus is being accentuated by their contrast with the policies, practices, decisions and actions of the local chapter of the MCFD. No MCFD employee has been villainous. However, when judgements and choices have consistently managed to separate family members rather than restore a family, the entire system comes under question. If the child protection system in B.C. finally comes under the penetrating scrutiny of another full scale independent inquiry, children and birth parents and foster parents and even future employees of MCFD will all become beneficiaries. The Bayne Case will be the catalyst, so guess who are the heroes?

As I place myself back in the information loop over the weekend I will tell you more of what has transpired during this past week of court activity.

For Love and For Justice / Part 89 / Zabeth and Paul Bayne

An update from the Baynes.


The MCFD tried to place an application on a publicity ban after the CBC story aired on the January 13th.

http://www.cbc.ca/canada/british-columbia/story/2010/01/14/bc-shaken-baby-court-case-surrey-chilliwack.html

Doug Christie, the Bayne’s lawyer opposed this application arguing that that the public had a right to be informed and that the media had the right to participate and defend their position on reporting. The judge stated, after a 30 minute adjournment, that he was not going to approve the application this quickly. He felt the decision to ban media from reporting on this case would not only affect this case but others to come in the future. The MCFD told the court that they would not proceed with the application to ban publicity on this case. Praise God.

There is no ban and Doug Christie defended the rights of the media to report and the people to be informed.

Please continue to pray for Paul & Zabeth for these next court sessions. Their lawyer has asked them to quit their jobs or take a leave for one month as he wants them close by to assist him. If you wish to assist them financially and help out in any way they would greatly appreciate it.
Please pray that the following the trial God will provide them with work again.

To make a donation, send a cheque payable to
Lau, Chiu, Hunt in trust for Bayne
and Mail it to: Bayne Trust, 9406 Pauleshin Cres, Richmond, BC V7E 6P2

For Love and For Justice / Part 88 / Zabeth and Paul Bayne

Please continue to uphold Paul & Zabeth in your prayers as this week (like so many others) has been a difficult one for them. They have a break for a week then the trials will resume. More updates will come.
As you remember this family (both parents & children) please also pray for Doug Christie who is representing them in court.

The CBC news did a report on them yesterday.
Click on this link below to read about it.

http://www.cbc.ca/canada/british-columbia/story/2010/01/14/bc-shaken-baby-court-case-surrey-chilliwack.html

For Love and For Justice / Part 87 / Zabeth and Paul Bayne

A website has been started by a friend for the Baynes and they wanted to pass it on. It is currently under construction, but you can view some pictures, videos and media reports on them as well as all ten of their medical experts report.

http://baynefamily.law.officelive.com/default.aspx

Also please remember them in prayer this week as their trial started yesterday, Wednesday, at the Chilliwack courthouse at 9:00. The Baynes welcome and encourage those of you that can attend as they would like as much prayer support there as possible. Please let them know if you are able to come.

The trial is to last sixteen days and is spread throughout January and February. This weeks schedule is for Wednesday, Thursday and Friday, but for those of you that can only attend occasionally the Baynes would encourage the opening day of Wednesday as well as the day their medical expert will testify. They will update that date as it is disclosed.

The first portion of the trial will be to hear the testimony of the social workers and Director. In reading their reports the Baynes know that their intention is to testify on opinion and false information. Pray that the Lord reveals to the court all information that is false and that truth is the only thing left standing. Pray that the Baynes character and their parenting skills are revealed before the court and that God receives all Glory this trail.

For Love and For Justice / Part 86 / Zabeth and Paul Bayne

THIS IS THE DAY OF THE LONG AWAITED COURT CASE WHEN AT LAST PAUL AND ZABETH BAYNE AND THEIR LEGAL REPRESENTATIVE, DOUG CHRISTIE CAN CONTEST THE DATA THAT HAS SERVED AS THE BASIS OF THIS GRIEVOUS.

WE HOPE TO HAVE AN UPDATE SOON.

For Love and For Justice / Part 85 / Zabeth and Paul Bayne

One Day before the court case.
Thank you for supporting Zabeth and Paul Bayne.
We are all trusting that this will end their agony.

For Love and For Justice / Part 84 / Zabeth and Paul Bayne

Five Years Ago - The Hughes Inquiry into MCFD Performance

There were grave concerns about the management of the Ministry of Children and Family Development when in November 2005 a Panel was named to review B.C.’s Child Protection System.

A Vancouver Sun article of December 29, 2005 was titled ‘BC Foster Children at Risk.’ That piece mentioned that the beleaguered MCFD was undergoing a sweeping review by Judge Hughes following the recent deaths of two children in care and the mishandling of child death reviews. There was an alarming shortage of foster homes. MCFD was acquiring more children than it had foster parents and homes. The Liberal government had restructured MCFD and the number of foster homes was reduced further. To its credit the Liberal regime sought other alternatives like mediation to allow children to remain with parents or relatives or be adopted. Nevertheless, overcrowding in some foster homes resulted. While so many foster parents regard their roles as a responsible trust, it is not reckless to imagine that recruitment standards for foster parents became relaxed in face of the need. Hence the title of the Vancouver Sun article and the suggestion of risk to children in foster care.

The panel’s mandate was to independently examine B.C.’s system of oversight, public reporting and advocacy with respect to the protection of children and youth.
Panel members were:
• Ted Hughes Q.C. (Chair)
• Grand Chief Ed John, former B.C. Minister for Children and Families and former law professor
• Jane Morley Q.C., lawyer and mediator, Child and Youth Officer
• Terry Smith, Chief Coroner, served with the RCMP for 35 years
• Joyce Preston, former Child and Youth Advocate, former director of social planning for Vancouver
• Ms. Maureen Nicholls, former commissioner of the Public Service Employee Relations Commission
• Thomas Gove, a provincial court judge who was commissioner of the Gove Inquiry into Child Protection 10 years ago, was available to engage in discussions with the panel if requested to do so by the panel.

A compelling term of reference was the review of deaths of children. The panel reviewed the roles and responsibilities of the Ministry of Children and Family Development, the Child and Youth Officer, the Chief Coroner, the Ombudsman, the Public Guardian and Trustee as they related to advocacy for children and youth and to monitoring and public reporting on the government’s performance in protecting and providing services. I am sure that Mary Polak wants to acquit her responsibility to the best of her ability and perhaps would prefer to generate such a review internally. I believe that it must be an external inquiry and that it must be more probative and comprehensive than even the exhaustive Hughes Inquiry Report whose recommendations have now been largely addressed yet without fixing this system.

HEAR THE CHILDREN / Part 412 / For Love and For Justice / Zabeth and Paul Bayne

Should we ask the children what they think? Should we care? Well of course we should. What am I saying? We already know this. It is lawyers who are practicing family law who should listen to the child and should care what the child says. So should all other stakeholders in the justice system like the judiciary, family justice counselors, policy writers, mediators, parenting coordinators, collaborative law specialists, supervised access facilitators, and anyone who is interested in how the justice system can improve its support of children.

Those legal professionals whom I have just referenced, are regularly engaged in decisions which on the face of things are delivered in the best interests of children. They are decisions that profoundly impact children’s lives and the lives of their families. Knowing this, The Law Society of B.C. held a three day conference in November 2009 entitled 'Children’s Participation in Family Justice Processes.' It was designed to be informative to precisely that aggregation of professionals to whom I have already referred. The Society was then and is now convinced that people within the justice system can improve their practice in order to better support children. The Society recognized that legislation, case law, and even the United Nations Convention on the Rights of the Child support hearing from children when it comes to determining what actions are in their best interests. People in these professional roles must discover more effective ways by which to subscribe child participation and that conviction was underscored in a 1995 Family Justice Reform Working Group Task Force report to the Justice Review Task Force, a report entitled 'A New Justice System for Families & Children.'

Certainly the course focused chiefly upon cases of spousal separation and divorce and how child participation can affect daily legal practice in BC. It did also make reference to cases of child protection and thereto offered a workshop that focused on practical skills to assist a person in creating an enabling environment for interviewing children and shared specialized knowledge and techniques to obtain children’s views.

For those of you whose children have been removed for brief or extended periods of time, I am surmising that you would approve interviewing your child but your approval depends upon the nature of the questioning. Ask your child whether they would rather return home or remain in foster care, and you are assuming that the child will opt enthusiastically for the parental home. You may have concerns that the interview and the child might be manipulated by supplied information, suggestive responses, leading questions.

For Love and For Justice / Part 83 / Zabeth and Paul Bayne

January 9, 2009 The Countdown is on - Four Days before Court

A REGRETTABLE TRUTH.

It’s easy for grumblers to snipe. I am not uncomplimentary. I work hard in my blog pieces to be fair and to do that one must tell the truth. I am sure that people who are employed within the system operated by the Ministry of Children and Family Development do not want to acknowledge what I will now communicate. It is prickly to face the truth about something in which you invest solid and sincere effort. What I write is not simply the way I see it. It is the way things are, and that is the reason why innocent parents climb an Everest challenge to recover children that were taken away from them by this Ministry.

The Government Ministry can take away our children.

A social worker’s affidavit is enough to get this ball rolling.
A report is filed and an initial court order is secured and the children are removed. Gone! That initial order is granted relatively quickly because we, our society, our courts, our levels of government are understandably committed to protecting children. Any suspicion of abuse must be immediately investigated while providing security to the potential victims. At the initial court appearance the parents have no opportunity to challenge the report. A challenge requires a formal court hearing and court time may be available only many months later - or years! A challenge requires legal representation and that necessitates more money than anyone budgets.

Paul and Zabeth Bayne have not had their day in court yet and it has been two years and two months since their children were first removed from their home. Those children have remained in government care solely on the strength of the initial report and that interim order. No evidence has been introduced to a court hearing to justify this extended custody. I want you to comprehend this. During this lengthy ‘interim’ period the government has had authority and entire control over three Bayne children and Paul and Zabeth have no parental rights whatever to determine daily care of those children. Someone else makes every one of those life shaping decisions with minimal court involvement.

For Love and For Justice / Part 82 / Zabeth and Paul Bayne

The Countdown is on - January 8 and Five Days before Court


PRE COURT HEARING TODAY
The Court Case commences on January 13th. Today is the day for a pre-court hearing. Both sides, the Baynes and their legal counsel, Mr. Doug Christie, and the legal representation for the Ministry of Children and Family Development will meet with the Judge, even though one or more of them will be in the conference via telephone.

These days must be unbearably emotional for Zabeth and Paul. All that matters to them in the world rests with this Judge, who must run all that he has read and all that he hears through the filters of objectivity, truth, wisdom and justice. I can’t imagine what it is like to wake up each morning, live through the hours of the day and lie down at night, day after day moving inexorably toward that critical succession of days in court. I know this couple. I officiated their wedding nine years ago. I saw them a few days ago. I can tell you that the reason they have survived is because of their relationship with God. Their faith commitment is serious and real. They derive an incredible reserve of inner strength from their faith walk with God who is in control of their lives, even when it seems everything is out of control.

Furthermore they are dedicated to helping other people who are similarly going through difficulties for which there appears little hope or possibility of resolution. At Christmas when they thought they might be alone they received a call from some folk who needed help, counsel, and love. They spent Christmas together. The Baynes are the people that have been so unfairly treated by one of our province’s ministries.

May God vindicate them and set their children free to live with mommy and daddy again.

For Love and For Justice / Part 81 / Zabeth and Paul Bayne

The Countdown is on - January 7 and Six Days before Court

IF YOU HAVE EARS, PLEASE LISTEN!
I thought that in Canada one had to commit a crime to be convicted of one.

In the case of the Baynes, Paul and Zabeth Bayne that is, they did not commit a crime.

They have not been convicted of a crime. Yet they are being penalized as though they were guilty and had been convicted.

Their conviction rests in the minds of those who have written and endorsed the documents within the Bayne case file which is contained in one of the regional offices of the Ministry of Children and Family Development. The Ministry personnel were able to ignore the RCMP report of a lack of evidentiary data to charge the Baynes with a crime as grim as assaulting one’s own child. The Ministry can do that because it has been mandated by our Legislative Assembly to protect children and with the mandate comes sweeping power that annuls parental custodial rights and freedom over one’s own children.

Noticeably and unacceptably, in Canada a person may be convicted of a crime that the person has not committed. Sadly, when such a wrongful conviction occurs, it can occur without supporting legal evidence of guilt but rather by undemanding suspicion based on a doctor’s best diagnostic deduction.

So for two years and two months, three children have been forced to live in the homes of strangers (foster parents). That means that out of one family of five, all five members who did not commit a crime and have not been convicted of anything, have nonetheless been penalized and yet they cannot even have one another for mutual comfort and solace. No, instead, a five year old boy in the arms of his daddy at the end of a pre-Christmas visit asked, “Daddy can I come home yet?” Daddy, couldn’t make that promise. How do you think the child feels? This child has not been allowed home for two years. I am sure that the protection for children which the Legislative Assembly has in mind is not realized in the treatment directed to the Bayne family by this Ministry.

Protect Children - absolutely!
Reform and Rewrite the Mandate, Procedures, Accountability and Powers of MCFD. Unquestionably!
This will be done following this case - Decidedly!

For Love and For Justice / Part 80 / Zabeth and Paul Bayne

The Countdown is on - January 6 and Seven Days before Court


Shaken Baby Syndrome (SBS) is one of the few instances in the criminal justice system that a medical diagnosis stands as the basis for a prosecution. The SBS diagnosis is based on findings of what is known as the triad—retinal hemorrhage, bleeding in the brain and brain swelling. That there are other explanations for these three findings to combine simultaneously in a child is undeniable. Nevertheless SBS has become the go to diagnosis or default verdict for many doctors in emergency and pediatric admitting. As a result of this diagnosis many parents and other care-givers have been arrested and many have been successfully prosecuted for crimes ranging from assault to manslaughter and murder.

Unquestionably, it is a great concern that some children are abused by parents and care givers. There is also a growing concern that the science of SBS does not have sufficient empirical data to justify it as the sole basis for conviction based on a doctor’s diagnosis. Wrongful convictions, of which there have been too many to count is worthy of investigation and does not for a moment diminish the concern for abused children and the determination to stop abusers. When the pragmatic information is missing then too much is left to a doctor's determination in SBS cases and as is often the case when defendants do not have the financial or other resources to challenge prosecution experts, they are more predictably going to be convicted.

The Baynes finally get their day in court starting on January 13th. Oh, not to defend themselves against a Shaken Baby Charge. No, no, they aren’t guilty of anything. There is no outstanding charge. The police are not interested in them. The police have no reason to be concerned about them. No, this is a case to determine whether they can have their children back after two years in foster homes.

In the case of Paul and Zabeth Bayne, their baby was initially diagnosed as a Shaken Baby and they were subsequently arrested for aggravated assault, fingerprinted, photographed, interrogated and then the police concluded there was insufficient evidence to proceed with such a charge and issues an apology to the Baynes and correspondingly destroyed their file. All three children were removed from the Baynes. Why? Because in the eyes of the child protection agency however, which in British Columbia is the Ministry of Children and Family Development, the Baynes were and are still under suspicion because of that initial doctor’s diagnosis. This doctor saw the triad of medical indicators and made the only judgement that seemed plausible given the information at hand. That SBS diagnosis has never been substantiated. In fact, a wave of medical experts stands ready to testify for the Baynes that the diagnosis was wrong, and that the triad of indicators point to other causes than SBS. Further, the Ministry’s lawyer advised it nine months ago to give the boys back because there is no evidence of harm or abuse connected with them and they are healthy boys.

The Ministry has ignored their own legal counsel’s advice. Frankly the Ministry of Children and Family Development has this time made such a monumental bungle that the result will be a full scale inquiry far more penetrating than even the scrupulous Hughes Inquiry of a few years.

For Love and For Justice / Part 79 / Zabeth and Paul Bayne

The Count Down is On - 8 - January 5 and Eight Days before Court

I am trusting that the lasting outcome of this court case which convenes on the 13th of January and may go into February, will be a resounding, "These parents are innocent."

Further, I am believing that the judge, on the merits of the Baynes'evidence, will have to declare, "Make arrangements to have the children returned to their parents immediately."

For Love and For Justice / Zabeth and Paul Bayne – Part 78

The Count Down is On - 9 - January 4 and Nine Days before Court

Don't you wonder how Zabeth can hold up under the pressure of these days. Yesterday she played a concert of music - a concert designed to raise awareness of the Bayne family's inexpressible grief at the hands of the B.C. Government's child protection agency, the Ministry of Children and Family Development. It was also intended to raise funds by way of donation because the Baynes have exhausted their assets on previous legal attempts to recover their children. Paul is a strong support to Zabeth. Together they have weathered a storm of misrepresentation by the very agency that should be doing everything it can to bring a good family together again. Fortunately, the Baynes know that around them is a vast crowd of supporters who trust them, love them and will continue to influence media and government officers and legislators to change what allowed this case to go so wrong.

At the present time however, this particular case is within the court system and politicians even though influenced or compassionate cannot do anything to affect the outcome. A judge will decide the future of this family. I can tell you this however, Honourable Mary Polak, her colleagues and every director of the Ministry of Children and Family Development know about this case. When this case is settled in court, then ...........

In order to assist this family with the legal expenses please Make a donation right now by making the cheque payable to Lau, Chiu, Hunt in trust for Bayne
and Mail it to: Bayne Trust, 9406 Pauleshin Cres, Richmond, BC V7E 6P2

For Love and For Justice / Zabeth and Paul Bayne – Part 78 – The Bayne Campaign for Justice

The Count Down is On - 10 - January 3 and Ten Days before Court

Today, Sunday, January 3rd, Zabeth Bayne a concert pianist herself will be joined by a close friend and acclaimed international pianist Dietmar Schmuecker and flutist Crystal Yang as they present a concert of music under the theme, ‘For Love and For Justice.’

“For Love & for Justice” a FUNDRAISING CONCERT for the Bayne Family legal expenses ~
Musicians are Dietmar Schmuecker - Piano, Zabeth Bayne - Piano & Crystal Yang - Flute

Zabeth and Dietmar will feature several dual piano pieces. This is being held at Richmond Peace Mennonite Church in Richmond at 6:30 pm. Although the concert is a free admission event, its purpose is to share the Bayne story as well as to secure donations for the Baynes’ legal expenses. A team of volunteers are managing this event and the trust fund into which donations will be transferred. After two years the legal costs incurred in trying to recover their children has eroded all their assets, a home, Zabeth’s grand piano and more.

DIETMAR SCHMUECKER, was born in Germany, moving with his family to Canada when he was young. He began piano lessons at age 9, studying principally with John Melnyk in Winnipeg and subsequently with John Bigg in London, England. While still in High School Dietmar was twice prizewinner at the National Finals of the Canadian Music Festivals. He has performed publicly in Germany, England, Australia, the United States and Canada. Since settling in the Vancouver area in 1986, Dietmar has been widely active as a performer in recitals, programs of chamber music and with local orchestras, as well as an accompanist, teacher, and church musician.

ZABETH BAYNE, Piano
Zabeth began studying music at age eight and progressed to her ARCT. Among her instructors are her concert partner, Dietmar Schmeuker, Walter Bresch, the late composer of many of the two piano selections heard today and Alice Enns, UBC professor. Zabeth has taught piano for over eighteen years at various schools of music and in her own private music studio. She has been active as an accompanist in church performances, school productions and competitions. She has also adjudicated in regional school competitions and has performed solo, duo and in
chamber groups.

CRYSTAL YANG, Flute
Crystal Yang was born in Taiwan in 1986 and has lived in Canada since 1998. She holds a Bachelor of Music degree with distinction in Flute Performance from the University of Victoria where she was principal flutist of both the university band and orchestra working with Lanny Pollet. Her other mentors include Elizabeth McBurney, Brenda Fedoruk, Mary Byrne and Lorna McGhee, and she has participated in master classes given by Susan Milan and Joanna G’froerer. Crystal has performed widely in recitals and chamber music groups and has won numerous awards including BC representation at the National Music Festival competition in 2008.

If you call or email first thing today you may still reserve a place at the concert.
This Sunday January 3rd, 2010 @ 6:30p.m.
At RICHMOND PEACE MENNONITE CHURCH
11571 Daniels Road, Richmond, BC
Admission is Free but you must reserve Seats by calling 778-228-4717 or emailing sendthechildrenhome@gmail.com today.

Make a donation either at the concert or right now by making the cheque payable to
Lau, Chiu, Hunt in trust for Bayne
and Mail it to: Bayne Trust, 9406 Pauleshin Cres, Richmond, BC V7E 6P2

Zabeth and Paul Bayne – Part 77 – The Bayne Campaign for Justice

Bayne Campaign for Justice
Important New Year's Day Notice:

“For Love & for Justice” a FUNDRAISING CONCERT for the Bayne Family legal expenses ~
Musicians are Dietmar Schmuecker - Piano, Zabeth Bayne - Piano & Crystal Yang - Flute


This Sunday January 3rd, 2010 @ 6:30p.m.
At RICHMOND PEACE MENNONITE CHURCH
11571 Daniels Road, Richmond, BC
Admission is Free but you must reserve Seats by calling 778-228-4717 or emailing sendthechildrenhome@gmail.com today.

Legal expenses are estimated at $15,000. They have already lost their house and her grand piano in paying legal costs to recover their children. That's why I ask you to consider this.

Make a donation either at the concert or right now by making the cheque payable to
Lau, Chiu, Hunt in trust for Bayne
and Mail it to: Bayne Trust, 9406 Pauleshin Cres, Richmond, BC V7E 6P2

Sign the Petition @ http://www.ipetitions.com/petition/Baynekids/?e
Note: the online donation page is NOT for the family but for iPetitions website. Once you sign, simply leave the site.

Share this concern with your friends. Point them to this GPS blog; to Zabeth’s blog; to the Facebook page.

Zabeth and Paul Bayne – Part 76 – The Bayne Campaign for Justice

Bayne Campaign for Justice
Important New Year's Day Notice:

“For Love & for Justice” a Fundraising Concert for the Bayne Family legal expenses ~
Musicians are Dietmar Schmuecker - Piano, Zabeth Bayne - Piano & Crystal Yang - Flute

This Sunday January 3rd, 2010 @ 6:30p.m.
At Richmond Peace Mennonite Church
11571 Daniels Road, Richmond, BC
Admission is Free but you must reserve Seats by calling 778-228-4717 or emailing sendthechildrenhome@gmail.com today.

Legal expenses are estimated at $15,000

Call to Suggested Action Steps

1. Make a donation at the concert or right now by making the cheque payable to
Lau, Chiu, Hunt in trust for Bayne
9406 Pauleshin Cres, Richmond, BC V7E 6P2

2. Sign the Petition @ http://www.ipetitions.com/petition/Baynekids/?e
Note: the online donation page is NOT for the family but for iPetitions website. Once you sign, simply leave the site.

3. Pray. Pray for the Minister of Children & Family Development Hon. Mary Polak. Pray for Lawyer Doug Christie. Pray for the Judge in the Jan 12 court case. Pray for Zabeth and Paul and the children. Pray that the children will be home soon.

4. Write a polite appeal for action to the Minister of Children & Family Development
Honorable Mary Polak,
102 – 20611 Fraser Highway
Langley, BC V3A 4G4

Email: mary.polak.mla@leg.bc.ca
Phone: 250 387-9699 or Phone: 604 514-8206
Web site: www.marypolakmla.bc.ca
She needs to hear our concerns in a polite appeal for action.

5. Share this concern with your friends. Point them to the GPS blog; to Zabeth’s blog; to the Facebook page.