It's 12:00 PM and we have a lunch break until 1:30 PM. When we return, the Judge has already told us that she will not revisit the Bayne case immediately, but if at the end of the day there is time then she will hear it.
Outside the courtroom is a list of the cases that Judge Arthur/Leung is hearing today. There may be 100 or more cases. There are expeditiously processed with very little time spent on each one. That is anticipated. The Bayne case was second or third on the list. We began close to 9:30 am. By “we' I mean at least 50 Bayne supporters all wearing black. The Judge, upon entering, could not have known we were all with Paul and Zabeth. She assumed we were there for one of the many cases scheduled during the morning hours. She expected as well that all these cases would simply move smoothly along without contest.
We were not in the court room very long. The Judge sent us out. That's right, sent Lawyer Doug Christie and the Baynes and all supporters out at around 9:55 am. This is the way it happened. A young confident lawyer introduced the Ministry case to the Judge, as well as Kim Tran, social worker who removed Josiah from Hospital. Doug Christie introduced himself and was permitted to speak to the matter. It became immediately clear to the Judge that he was contesting the facts that the case concerning Josiah was before a court in a different registry from the one where the prior case concerning the three siblings was heard, when in fact, the presenting reasons for this child's removal were the identical material heard by Judge Crabtree with regard to the three siblings.
Judge Arthur/Leung said she was not prepared to listen to this case if it was going to be contested because there were many cases to be dealt with today and her court room was packed, and of course she didn't want all of these people having to wait to listen to the one Bayne case. So she dismissed us. The entire observer gallery stood and walked out. That was a bit of a surprise to the court I am sure. But also an indication of the public awareness and the network of support behind these parents. We all waited outside the court room.
At 11:30 AM we were permitted to come back inside. Doug Christie presented the Judge with a letter from Judge Crabtree that informed the court that Crabtree would deliver this coming Monday, his ruling concerning the three. In was a current matter soon to be settled. Christie pointed out that there was no new or different evidence presented in this new affidavit to justify taking the baby Josiah. He went through the Ministry affidavit paragraph by paragraph to emphasize that everything has already been heard by Judge Crabtree because all of it relates to the case concerning the three siblings, not this newborn child. He questioned how a Judge could be expected to rule upon such content when it was already heard and being deliberated upon by another Judge, and not just any judge but this judge's boss, the Chief Justice. Christie contested that in fact MCFD did not use a less intrusive means of protecting Josiah, which clearly would have been to leave him in hospital since his weight is 4 lbs. without an adequate immune system, but instead, Ministry has taken him outside in a car seat, placed him in a foster home where one of the other children has severe cold/flu symptoms. And why? Not for any justifiable reason that pertains to the parents with Josiah, but wholly because of MCFD's dealings with the parents concerning the other three children.
Okay, well back to the court house... stay tuned. I am not confident I will be happy with the outcome today.