CONTENDING TO KEEP THE BOYS BUT KNOWING IT’S WRONG
The Ministry’s lawyer thinks that the boys should be given back to their parents but he will ask that they not be returned. Figure that out!
This is the week when Judge Thomas Crabtree, newly appointed Chief Justice of British Columbia is scheduled to hear the counsel for the Ministry of Children and Family Development, Finn Jensen speak to the application that Paul and Zabeth Bayne have made through their lawyer, Doug Christie, to have their two sons, the eldest of their three children, returned to them immediately.
It has been expected that Mr. Jensen will make statements in opposition to this application. Well that’s professionalism for you. Because in fact, he informed his client, the Ministry of Children, that there was no evidence to support the continuing custody of the two boys. He made it clear that in his opinion he could not win this order in court. How can we know that? Well, his letter to Ministry execs was leaked. News media and networks have it. He counselled the Ministry to return the boys to the parents, namely Paul and Zabeth. This was his professional advice last spring 2009 but the Ministry ignored that advice. It was as though they were saying, “we don’t care that there is no evidence to support keeping the boys.”
So here Mr. Jensen is in court this coming Thursday morning obliged to argue for the retention of the boys because his advice to his clients was disregarded. At least if no one has changed their minds that will be Mr. Jensen’s role. Don’t you admire such professionalism? No? To be able to argue ardently that there is justification for the Ministry’s hold on the boys when he himself believes the opposite.
I understand that there is principle involved in representing a client. What the client wants, the client gets. A client is not obliged to take your advice. There is a significant payment for services rendered. Of course I understand that too. What do you do with your conscience? That’s what puzzles me. When you know that the client is not misled by inaccurate information or imprudently diligent but rather, recklessly wrong, it is the epitome of professional practice to continue to represent your client’s cause. Somebody has to do it.
Art by Griff Williams, 2005