For Love and For Justice / Part 98 / Zabeth and Paul Bayne

The CANADIAN CHARTER OF RIGHTS AND FREEDOMS is Part I of the Constitution Act, 1982. The initial and defining statement for this document states “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”

This document begins with a title, an actual warranty to citizens like you and me and Zabeth and Paul Bayne, namely, the Guarantee of Rights and Freedoms. Then in numbered articles the Rights and Freedoms in Canada are articulated. For instance, article one says the following:

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Moving through this noteworthy document one finds article 11 speaking about the rights of even those in Canada who have been charged with an offence. Even a person so charged has essential rights. Nine precise rights are specified for them. The fourth of these rights follows here.

11. Any person charged with an offence has the right …
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

When their youngest child, their six week old daughter was taken to the hospital in Autumn 2007 following a household injury, a medical diagnosis of Shaken Baby was applied and immediately Paul and Zabeth Bayne became suspected abusers. The RCMP was called and after questioning both were charged with aggravated assault. They were still presumed innocent and it would be necessary for a court of law to find them guilty. The RCMP in a short time concluded there was insufficient evidence to proceed with this charge and it was dismissed. RCMP also issued a statement to the couple that their photographs and fingerprints had been destroyed. They were innocent in the eyes of the law. The Ministry of Children and Family Development however is mandated to protect children when abuse is suspected and can proceed to remove children whether or not the suspicion is supported by evidence. Presumption of innocence does not exist within this system. And the rights of birth parents are forfeited. All three children were taken away from the Baynes in October 2007. A fair and public hearing has not determined that Paul and Zabeth should bear the penalty of the loss of their children as though they had been convicted of an egregious unlawful act. Yet for two years and three months they have lived without their three children in their home. Now finally, an inquiry is under way in the Chilliwack Court House and it is projected to continue throughout the month of February. The MCFD attorney will seek to prove their assessment of the Baynes as abusers and unfit parents. Paul’s and Zabeth’s attorney Doug Christie will demonstrate that the adversarial posture of MCFD against the Baynes has been flawed from the outset, having originated from a medical misdiagnosis and been reinforced by subjective and biased reports and judgments from many sources.

MCFD vs Bayne Inquiry at Chilliwack Court House,46085 Yale Road Chilliwack - Schedule of Court Days for the Bayne Child Custody Trial is as follows: Jan 2-5; Feb 2 -5; Feb 8 - 9; Feb 11-12; Feb 22-23; Feb 25-26. The public is permitted to attend. 9:30 AM start.

Helps:
1. a great teaching vehicle to look inside the Charter.
2. an effective site for teaching children the importance of rights of the individual.