Mr. Bruce McNeill, Director of Practice, MCFD Fraser Region
I respectfully submit an appeal to you today on behalf of Paul and Zabeth Bayne and their three children.
You are fully informed that Paul and Zabeth Bayne are presently involved in the hearing before Judge Tom Crabtree in which Mr. Finn Jensen, the Ministry of Children and Family Development counsel is seeking to obtain for you a Continuing Care Order for all three children. Mr. Jensen has nearly completed the Ministry’s presentation and now you and the Baynes are waiting for available court dates when the hearing will conclude with the Baynes’ lawyer, Mr. Doug Christie’s presentation of witness testimonies, evidence and conclude the hearing.
Most certainly Judge Crabtree understands this case. He understands that your team has held all three Bayne children in care for almost the entirety of two years and six months. He recognizes that the Ministry’s case is built upon a commitment to a disputed medical diagnosis of non accidental shaking induced injury to the youngest of the three children and that no evidence exists of injury or potential risk to the two older siblings. He is aware that no criminal charges proceeded to the Court with respect to the injuries of the youngest child. He appreciates that you have chosen to disregard your own counsel’s recommendation to return the two older children to the Baynes – a recommendation that Mr. Jensen conveyed to you because in his opinion there is no evidence to keep them and that he cannot win a case to retain them. These are reasons why even before the hearing proper has concluded; his Honour permitted Mr. Christie on behalf of the Baynes to submit to him their application for a variance of the original Interim Order of Dec 14, 2007 which placed the three children in Ministry care. The Baynes have asked the Judge for the return of the boys to their custody.
On April 29th 2010, Mr. Jensen will have opportunity in Court to express the Ministry’s objection to this application.
I knew Paul and Zabeth Bayne nine years ago when they were active in the church that I pastored. I enjoyed the privilege of officiating their wedding ceremony. I know them as deeply committed people of faith, hard working individuals, highly principled and enjoying a good reputation with hundreds of people. Their conscientious efforts to recover their family are understandable as is the significant support from friends and acquaintances who advocate for them. I myself have written daily blog posts to tell their story. This letter is posted today and copied to others.
I acknowledge your position and role within the Fraser Regional MCFD and your oversight of this highly publicized case. My sincere appeal to you today is to instruct your lawyer Mr. Jensen, to convey to Judge Crabtree on Thursday, April 29th, 2010 that the Ministry will not object to the immediate return of the two Bayne boys to Zabeth and Paul Bayne.
Dr. Ron Unruh
On April 27, Mr. McNeill responded to me..
Dear Mr. Unruh
Thank you for your e-mail note.
Due to privacy concerns and the fact that this matter is before the Court it would be inappropriate for me to comment on this matter, but I do appreciate your interest and your concern for this family.
Yours truly, Bruce McNeill, Executive Director of Practice, Fraser Region