Here is the Bottom Line.
With regard to the recent apprehension of their newborn son Josiah, Paul and Zabeth Bayne will be back in court on March 3rd.
No one said this would be easy. We know how long these legal tangles take to unravel. So we are going to know whether Josiah's three siblings are back with their mommy and daddy before we can do anything more for Josiah.
If you don't know anything about this case, quickly glance to your right and read the summary in that column.
Here is the deal. On Monday February 28th, perhaps by 9:00 AM or so, Judge Crabtree will have sent via fax, his ruling concerning Kent, Baden and Bethany, to both the Bayne legal counsel, Mr. Doug Christie, and to the MCFD legal counsel, Mr. Finn Jensen. As soon as this is sent to me you too will hear what that is.
Judge Arthur/Leung was determined not to hear a presentation as per a presentation hearing but she did grant Doug Christie some time to make his statements which I will later detail a bit more. She was there merely to process the order application to ratify the MCFD apprehension of baby Josiah. These matters usually are uncontested and take a couple of minutes. The Judge discerned quickly that Doug Christie was unwilling to allow this process which he believes to be an abuse, to proceed without Her Honour knowing his reasons. Fortunately she permitted him to speak. (More to come)
At the end of the afternoon, however, the Judge ruled that because of the baby's residential address, this is the Registry where this baby's case will be heard. She will not send it to another Registry. Further, at the March 3rd date, it will only be to set the date for a Presentation Hearing. This approach suggests this could be a prolonged waste of time and money once again. However, because of the insistence by Doug Christie that the rationale for seizing the baby was the identical explanation for the CCO (Continuing Care Order) concerning the other three children, and because Judge Crabtree has been listening to that and processing it for one year, and because he will deliver his ruling this coming Monday the 28th of February, Judge Arthur/Leung, probably through consultation with Judge Crabtree during breaks in the day, ruled that Crabtree will preside at the March 3rd date and further hear this case concerning Josiah.
It remains possible, even hopeful that Judge Crabtree in delivering his Monday ruling about the three children will speak to Josiah's seizure too. He could make it clear that in awarding the children back to Paul and Zabeth, he is discounting any merit to the MCFD allegations concerning the Baynes harming the children, or the Baynes' inability to protect and to care for the children, and therefore there is no foundation for any action concerning Josiah. That would be ideal.
More about today later, and more about the possibilities of Monday's ruling.