Thursday, February 24, 2011

THURSDAY-COURTROOM REPORT - Installment #2/ Part 451 / For Love and For Justice / Zabeth and Paul Bayne

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.


  1. Ron

    Thank you so much for keeping us up to date on this momentous case!!!

  2. Let's hope we can get even more people out on March 3 to support the Baynes, and all other families who have been victims of this kind of cruel injustice. Those children should have been back with their parents long ago, and there's no way on earth to justify taking a tiny, vulnerable, 4 pound newborn breastfeeding baby out of the hospital, yanked from Mom & Dad and put in foster housing.

    We aren't going away - in fact, support for the Baynes will grow stronger every day.

  3. Was it brought up to the Judge that maybe the baby should be re-admitted to a hospital until he gained more weight and building his immune system up so that there wasn't a possibility of getting him sick?

  4. There's more support for the Baynes and victims of MCFD every day. This issue is about to go viral. MCFD has had the upper hand for a long time, but as the saying goes, the Truth Will Out.

  5. Would it be helpful to have supporters come on March 3rd then too? If so, what time? FYI - For any future proceedings, please let everyone know that parking was brutal, so remember to come early and wear BLACK. It was very apparent who the Bayne supporters were...

  6. Let's hope the March 3rd hearing will be the Baynes thanking Judge Crabtree for returning the three children, and getting Josiah returned at that point. That would be a huge boost to his PUBLIC image. However, this might be a career limiting decision as his handlers suffer from public embarrassment and support.

    Not reading a ruling in front of the litigants after such a long, drawn out and vicious battle seems somewhat rude to me. An emailed ruling makes is seem like the judge does not want to personally deliver bad news, and have to witness the angst of the parents as a result.

  7. This is horrible! I can't believe that this kind of injustice can go on in BC. It's just a tragedy. I am praying for this family and for that sweet little premature newborn who isn't even allowed his mother's breast milk.

  8. I'm not 100% clear on today's outcome. Did the judge simply accept it as a contested matter and set the Presentation Hearing to next week? And was this the same lady judge as last week?

    If so, it is practically unheard of to get a Presentation Hearing so quickly, AND in front of a seized judge WHO is also the Chief Justice of Provincial courts in B.C. This would be excellent news.

    I hope this is not yet another adjournment for a first appearance, and next week will be used to set a Presentation Hearing.

    Because of this development, I now have very high hopes Monday's ruling will be in favour of the Baynes. If this is the case, no wonder MCFD sought to delays so badly so they could remove the newborn BEFORE the ruling, fearing the judgment would be against them and they would otherwise lose the opportunity to remove.

    Finn Jensen practically conceded that the children would be returned during his final questions of Zabeth. Mr. Weasel then focused on "services" the children would need to be provided by MCFD before extracting the fact Zabeth was pregnant.

  9. Let us take time to rejoice where rejoicing is due - the judge did take the time to listen to the Baynes' case through their lawyer; at the last hearing, she would not. Perhaps as a result of the show of support? This was also another opportunity to show growing support for the Baynes as people become aware of the importance of every person showing their support - there was standing room only today with a show of solidarity as supporters wore black; last week there was no more than 2 dozen supporters in court and if the judge was askance last week at the number of supporters then imagine the impact this week. Baby Josiah has been placed in a home with his siblings; despite the horrendous fact that they removed a baby weighing a mere 4 lbs, it is likely that the Ministry is finally playing nice recognizing that people are watching and that they may be held accountable for their actions. Moreover, there is the hope that this will be over next week. Maybe.

    All of these things are no doubt a great consolation to the Baynes family, although I doubt they allow themselves to go that far emotionally as they have been let down so many times before by unnecessary delays and manipulations of the court system. I understand that they were moved by and thankful for the great show of support today; most of whom they did not know personally.

    I personally am thankful for each person who took the day, which ended up being waaay longer than anticipated, to stand up for what is right. Each person at each step is valued.

    Rejoice, for the steps of a righteous man are ordered of God! There is much more to be done, but let's be encouraged at what has been done today. And let's keep doing what we're doing.

  10. Today I heard someone explaining how deep down, everyone is nice. It's just that to find the nice in some people they should be buried about 60 feet deep.
    What an outrage to pass this circus act off as acceptable legal procedure.
    Thumbs up for the Paul and Zabeth and their supporters who hung around there for a full day. Thumbs up. too, for the lawyer, Doug Christie, who gave up a day's pay again for an outing at the circus. As well, he travelled from Victoria. You don't have to dig down so deep in everyone to find nice.
    Gosh, maybe some people travelled from MCFD Chilliwack too?

  11. My Response to all Above Comments

    It is my privilege to share the Baynes' story.
    Yes, we know that the March 3 court date is in Room 312 in Surrey Prov Courthouse. Time to follow. And yes it will be helpful again to have supporters come out, but know that it may be very brief.
    The outcome today was not to schedule a presentation hearing but merely to have a court time to set a presentation hearing date. Yes, Judge Crabtree will be presiding. Clearly he will have agreed to this before letting the judge announce that today. That is reason to believe that Monday's ruling will be in favour of the Baynes.
    No, no one mentioned baby re-admission to hospital. What could be said was prescribed.
    Yes, the Bayne Family news is daily gaining audience and Judge Crabtree's ruling on Monday may cause this story to go viral. If Crabtree awards the children to the Baynes not strings, his reputation for discernment and standing against the tide will become legendary. Judge Crabtree does not have handlers as in the MCFD. There is no collusion. He is Chief Justice for reason of his proven authenticity for honesty and wise judicial work.
    No, I wouldn't quickly question Crabtree's decision to deliver his ruling electronically rather than in a formal court setting since we cannot know his responsibilities or reasons and because he has already agreed to hear the next court appearance concerning Josiah so is not washing his hands of this case.
    Yes, The apprehension of the 4 lb baby is reprehensible as well as the other indecencies and inconsiderations associated with this latest abuse.
    Yes, some people's nastiness is on the surface and their goodness well concealed and yet in other cases like Doug Christie, the goodness stands apparent and tall.
    And yes let us rejoice in the midst of the frustration. Supporters made a difference. Josiah is presently in a good place with his siblings. Doug Christie said prayer is the most effective thing we can do. All of the supporters made a statement.


    Thursday, March 3, 2011, Room 312, Surrey Provincial Courthouse - come early, as parking is difficult to find. Please wear black to show you are a supporter of the Baynes.

    “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever does”

    - Margaret Mead


    We are witnessing history, here, thanks to a small group of thoughtful, committed citizens!

  13. Thank you for keeping us all updated. We can only pray that justice be served and that those responsible, be held accountable.


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