Friday, February 18, 2011

Josiah's Status / Part 438 / For Love and For Justice / Zabeth and Paul Bayne

I am back. I have been out of country for three weeks. Out of touch and uninformed, and shocked as many of you have been with the most recent pain inflicted upon the innocents. Having just returned after 20 hours in flight transit, I am needing to settle back and catch up and then get back to talking with you about Paul and Zabeth Bayne's continuing agony.

Ray Ferris, a confidant and advisor to the Baynes has written several comments to the post I wrote just two days earlier. The first of these helps to quell the distress and at least place this assault within some understandable framework. I am pasting here for you.

Ray Ferris said...
Welcome back Ron; you have been sorely missed. You have rightly used the verbal scourge, so more from me would be superfluous. I will heed the legal term "res ipse loquitor" and let matters speak for themselves. Here are some facts.
1.Baby Josiah was born very small and must remain in the special care nursery until the end of February.
2. He is perfectly safe in this environment and his parents have unrestricted access to him
3.The physicians want Mrs. Bayne to breast feed her son and this is in his best interests, so she must have complete access.
4.Obviously the child is already in a safe and non-disruptive situation and no action is necessary.
5.The ministry has had an action against the other Bayne children for the last three years and all evidence was completed by August 13,2010.
6.Provincial chief judge T. Crabtree was the trier of fact in the case and he has said that he will make his ruling before the end of February.
7.There is no new evidence on Josiah Bayne and the only evidence that the director can claim to have is directly linked to the case on the other children.
8. Should his honour Judge Crabtree rule against the director, their case about Josiah will collapse.
9.Knowing that baby Bayne was in a perfectly safe environment, the social worker could have and should have awaited Judge Crabtree’s ruling before taking any further action. To do otherwise is unnecessary, hostile and a waste of court time.
10 As Judge Crabtree has heard many days of evidence about the Bayne family, he is very familiar with all the circumstances. It is obvious that he would be the most suitable trier of fact for Josiah. He might well wish to reserve the case to himself if told about the situation and he should have been asked if he wanted to be seized. The director had ample time to do this and can still do it before Josiah is discharged from hospital.
11 Under the circumstances the apprehension was not needed and interim custody to the director is not warranted. The child can quite safely be left in the custody of his parents and the judge should so order. The situation can always be reviewed after Judge Crabtree rules.
NOTE WELL. Humeny must swear an affidavit and a check box will show that no less disruptive plan was available. This is simply untrue and he did not even consider the matter. If he swears to this it will be tantamount to perjury. I will have much more to say later.


  1. Good to see that the hospital knows what's in the best interests of a child. Too bad our wonderful government has no clue.

  2. from the Criminal Code of Canada:

    Lorne Humeny might want to take a look at this. Bruce McNeill too.

  3. for Anon feb 19 8:50 pm
    ... I am uncertain why you said this url was from the Criminal Code when in fact the referenced section is from the Hospital Act
    [RSBC 1996] CHAPTER 200


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