BULLETIN: TOMORROW - JOSIAH HEARING

Are you able to attend the Josiah Hearing tomorrow?

A full day hearing begins tomorrow at 9:30 AM at the Surrey Provincial Courthouse at 14340 57th Ave. Public underground parking is off 57th Ave beside the Court. Hearing will be on the second floor. Social Worker Loren Humeny will be on the stand. Baynes' lawyer Doug Christie will be on hand to cross examine.

CHRISTIE'S FINAL SUBMISSION installment 2of10 Medical Issues Priority / 490

The case is Paul and Zabeth Bayne in opposition to the application by the Director of Family and Child Services with respect to the ongoing care of the Baynes' three children. This is the second installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document having been submitted to the Court and Judge Crabtree did not place a ban on any of this material. He considered this submission in coming to his final conclusion presented on March 2, 2011.

Yesterday I quoted Mr. Christie's introduction. Today it is....Submissions and Analysis points 1-4

CHRISTIE'S FINAL SUBMISSION installment 1of10 Introduction /489

I begin today a series of posts which are quotations from Doug Christie's final SUBMISSION IN RESPONSE to MCFD Counsel Finn Jensen who concluded his three days of summation in October 2010. Judge Thomas Crabtree had to decide whether or not to grant the MCFD a CCO, Continuing Care Order for three children born to Paul and Zabeth Bayne. Christie's submission was delivered on the Baynes' behalf on November 4, 2010. Judge Crabtree released his final ruling on March 2, 2011. He ordered not a CCO but TCO (Temporary) for six months. In this submission Christie countered MCFD allegations and evidence.

In the introduction, Mr. Christie's remarks were these. "This has been a long and complicated case....."

ANOTHER SPRING, ANOTHER SUMMER / 488

It is yet another spring.

Spring with its promise of life, hope and joy

Following the removal of their three children in October 2007, Zabeth and Paul Bayne faced Spring 2008 alone. With their children in the care of the province, the Baynes began an arduous and to-date futile attempt to establish their innocence, believability and trustworthiness. An ineffectual attempt I call it because another year passed and then it was Spring 2009. Finally, last Spring 2010 the Baynes were finally engaged in a court hearing. After such a passage of time, one might have called it their proverbial day in court but this was not a protection hearing, but one with more permanent intentions.  Fighting for their children, their family and their lives the Baynes were on defence. That was necessitated because it was the government's child protection ministry that had filed an application to keep these children, foreseeably if the application was successful, until Springs 2024,2025, 2026. If the children are not returned to their birth parents this year, then, at my age now, I will likely not see their release. That's the effect of the passage of time. But what about the children?

JUDGE CRABTREE CONCLUSION VERBATIM / 487

This entire post is the verbatim content of the concluding portion of Judge Thomas Crabtree's Ruling on the Bayne Case, which he released March 2, 2011. It is untouched with the exception that names of parents and children have been replaced with abbreviations. My paraphrased version  of the ruling was published on Friday March 25, 2011. This is a public document, the full disclosure of which has not yet appeared on an official site.

IF IT WASN'T SBS, THEN WHAT? DON'T KNOW? PRECISELY! LET THE CHILDREN GO! / 486

Maybe this will keep you going until Monday.

The questionable convictions in Ontario in the 1980's and 90's, some of which were were based upon Shaken Baby Syndrome, and some of which were because of testimony by now-disgraced pathologist Charles Smith, render Judge Crabtree's conclusion to the Bayne questionable if not impugnable.

If the Baynes' children should not be retained in the province of British Columbia foster care system because the judge dismissed SBS as a cause for one child's injuries, then there is no reason whatsoever for them to be in care. None whatsoever.

In the middle of a circle of cows

Don't tell me there is a risk. If the law cannot say that the risk is a definite 80%, or 50% or 30% then don't speak about a probability of risk. Then for Judge Crabtree to venture a 10% risk probability is fanciful nonsense, deplorable.

STAGES 1&2 OF CRABTREE'S DECISION PROCESS / 485

Chief Justice Thomas Crabtree

(On Monday: Judge Crabtree's verbatim Conclusion)

Near the end of the 39 page 'reasons' document released March 2, 2011, Judge Crabtree renders his conclusion in two stages.

Today, I am restating for you the conclusion to which Judge Thomas Crabtree arrived. I have taken liberty here to write the Judge's remarks in the third person. Where most appropriate, I have quoted Judge Crabtree's own words.

An Index of My Previous Posts about Judge Crabtree's Reasons / 484

(Tomorrow I give you my version of Judge Crabtree's two-stage decision)

In a series of posts following Judge Crabtree's release of his reasons for his decision on March 2, 2011, I highlighted several aspects of that 39 page ruling. I read the 39 page document and I quoted certain sections of it but primarily interpreted its content. The series provided a fair synopsis of his thinking and decision.

For example I gave the straight up concluding facts of the decision. The judge did not accept the shaken baby syndrome premise put forward by the Ministry and he found inconsistencies in Zabeth's explanation of an accident to account for her daughter's injuries. He did not return the three children to them but he also did not grant the Ministry its applied for Continuing Care Order.
Part 464: The Judge Rules – Not Good News
Part 465: The Last Word

Chilliwack News Runs this Story

Hope Couple Appealing Judge's Decision, By Tim Amey, Tuesday, March 22, 2011 11:00 AM ....... an interview with Doug Christie

THE BAYNE STORY IS LIKE AN ONION / 483

A story is usually a layered piece of literature, like an onion, once the peel is removed, you find one layer upon another. There are layers of meaning in the story of Paul and Zabeth Bayne and their four children. Each of us seeks to get beneath the initial layers which are so familiar to us, to see what lies inside the onion of this story.

CYBER JUSTICE & JUSTICE CRABTREE / 482

For two year old Bridger who already moves with dexterity over the face of his iPad, cyberjustice will be automatic in both acceptance and practice when and if he is a lawyer or a judge. It is our present older generations that struggle with the concept.

Clearly there is socio-cultural and psycho-scientific unwillingness to change in most areas of our lives. This has been particularly true in a realm where tradition, custom, predictable patterns and dependence on regulations, symbolize the justice system. These hallmarks may not be effectively serving the justice system any longer. People have difficulty accessing justice in our system because of the excessive legal costs and the bottle-necked courts, so necessity is compelling the judicial community to utilize technology. The accelerating potential of technology will transform the courtroom. Certainly it must be a carefully studied modification because there are substantial traditions in law. Can these traditions be adapted to the digital age? The research must convincingly determine how our new technologies influence the trial process.

Today's Chilliwack Progress article by Robert Freeman - entitled, 'Judge rejects ‘shaken-baby’ diagnosis'
Published: March 21, 2011 3:00 PM, Updated: March 21, 2011 3:21 PM

JUDGE CRABTREE RULING ON THE BAYNE CASE / 481

Posted earlier today - Now with regrets, removed under advisement - We will wait for further word
Further to.............

PROVINCIAL COURT OF BRITISH COLUMBIA

JUDGEMENT DATABASE

I have placed here direct quotations from the pages of the Provincial Court of B.C. database and I have emboldened and italicized several sentences to explain part of the reason for removing the link to Judge Crabtree's ruling which I earlier placed online, but then reconsidered. I want Judge Crabtree to endorse the publication of his own decision with respect to the MCFD's application for a Continuing Care Order with regard to the three children of Paul and Zabeth Bayne (File No. F10073, Registry: Chilliwack). Ultimately, reference to all such online decisions falls within the purview of B.C.'s Chief Judge who is Justice Crabtree. 

HAS MCFD'S COMPLAINT RESOLUTION PROCESS WORKED FOR YOU? / 480

Hon. Mary McNeill & Hon. Steven Point

A new photograph of the Honourable Mary McNeill together with the Lieutenant Governor Steven Point on the occasion of her signing her oath of office is the only indication thus far that there has been a change of command at the Ministry of Children and Family Development.
 

Hon. Mary Polak

The Honourable Mary Polak is still pictured as the primary spokesperson of the Ministry to you when you see her and read her message of welcome to the MCFD website.

I'll cut Ms. McNeill and the Ministry a little slack since it has only been a bit more than a week since she took office and she has not been able to get to all of the tasks that will stack up in her inbox and task box. I wonder how soon she and her deputy minister will place their unique marks on the service plan and the CAPP. How much time must be granted to them as a learning curve?

GIVE THEM A CHANCE AS A FAMILY! / 479

BAYNE CAMPAIGN

The Bayne family deserves a chance to live as a family. It has been apart far too long. Longer than was necessary. On March 2^nd 2011, a Court of Law overruled the Ministry of Children's foundational ground for intervention and care of three children. Judge Thomas Crabtree dismissed the shaken baby allegation, yet found no satisfactory explanation for injuries sustained in 2007 by the youngest of three children of Zabeth and Paul Bayne. Therefore a minimal level of risk was still assigned to them and the children remain in care for the specified period of six months. The case file has been transferred to the Surrey branch of MCFD with new caseworkers. Representatives of this branch and the Bayne parents have met together with a view to develop communication and to discuss action steps. It is hoped this is being conducted with a view to returning the children to the Baynes. The infant son, born February 10, 2011, who was removed four hours after birth in conjunction with the order in force at that time, is unfortunately a separate case even though integrally linked to the outcome of the earlier case. This continues to be a punishing and lengthy time for Paul and Zabeth, which at times must seem like it will never end. Remember them.

SAMANTHA LAUREN MARTIN - COURT RESUMES TODAY / 478

Samantha Lauren Martin June 4, 1993 - December 3, 2006

With a song by Avril Lavigne a nicely laid out video tribute in Celebration of the Importance of Life & Loving Memory of a young girl named Samantha Lauren Martin shows you her brief life as well as the sought after objective of birth parents who did not have her in their home most of her life and for whom they now seek inquiry and closure. Her death inspired Samantha's Law.

Her parents are John and Velvet Martin. On Jan. 17, 2011 they finally obtained 'a fatality inquiry' into the death of their severely disabled 13-year-old daughter Samantha who died unexpectedly. It is happening this morning. (Samantha Martin Public Fatality Inquiry / Court reconvenes today, Friday, March 18th at 9:30 am. Edmonton Provincial Court, Room 449, Law Courts, 1A Sir Winston Churchill Square, Edmonton, AB T5J 0R2)

DOROTHY AND BOBBY DON'T HAVE THEIR CHILDREN / 477

Dorothy Rodgers' children removed

I get it. I was a responsible father and I am a trustworthy grandfather. I understand that children must be protected, sometimes from their own parent(s).

I detest when children are maltreated by a parent. A father escorted his two small sons to school. I saw him at a distance angry with one boy. I heard him screaming at the child. “Look at me,” repeated several times. The tone so enraged I made certain he saw me watching, thinking. “If he strikes the child, I am obliged by law to report him, a stranger to me. One call, anonymously spoken, like an offshore earthquake, could change that family's world. They kept walking silently.

• Between 70,000 and 85,000 children are in state care across Canada
• Since 1998, the number of children in care has increased up to 65%
• Average number of placements for a foster child: 7
• 50% of street children were formerly children in care

“I don't deserve this and the kids, they didn't do anything wrong either," she said.

STEPHEN BROWN MAKES ME OPTIMISTIC / 476

You already know that former health services chief administrative officer Stephen Brown has replaced Lesley du Toit as the deputy minister of children and family development. His experience encourages me. Most of his career has been spent in child and family services. He was CEO of the Ma-mowe Capital Region, Child and Family Service Authority in Alberta. Stephen has worked for the Government of Alberta’s Ministry of Children’s Services where he was Executive Manager for that province’s Child Welfare Act Review. He has a PhD focusing on the management of strategic change in the public service and holds Masters degrees in Business Administration and Organizational Psychology. Brown's autobiography is posted on Royal Roads University's Website as I noted yesterday.

This is why I am hopeful:

DR. STEPHEN BROWN REPLACES MS. LESLIE DU TOIT / 475

Dr. Stephen Brown

The Victoria Times Colonist put it this way, “The children’s ministry also gets a long overdue management overhaul with the welcome appointment of Stephen Brown to replace former deputy minister Lesley du Toit.”

One wonders what changes the changing of the principals will have upon the MCFD. On one hand, the continual changing of key personnel every few years cannot affect the necessary transformation. On the other hand many readers will welcome this bureaucratic change.
Premier Clark explained the Ministry changes this way, "We want to have a focus on families in the government and my deputy [minister to the premier John Dyble] felt it was time for a change there." said Clark.

NEWS RELEASE - NEW MCFD MINISTER / 474

Hon. Mary McNeil, MCFD

Premier Christy Clark today announced a new, smaller cabinet which she stated will be focused on putting families first, creating jobs and changing the way British Columbians engage with their government. Premier Clark said, “Our new cabinet will reflect the priorities of British Columbians and put families at the centre of all our decision-making.”
 
One of changes Premier Christy Clark made was to elevate well known MLA Mary McNeil, to the position of Minister of Children and Family Development Minister of the Ministry Children and Family Development.

Bigger news tomorrow morning!

A MOTHER TERESA TOUCH / 473

The details are scant but the story is true. Recently a European couple who emigrated to B.C. two years ago were caught in a gill net belonging to the Ministry of Children. Such nets are known to entangle families beyond escape. The female gave birth to a child who was hospitalized with post-birth complications. For reasons unknown to me a social worker in her mid twenties dropped by to speak with the mother. Perhaps because the mother was unfamiliar with English, or our social care system or preoccupied with her sick child and very new to mothering, she didn't give the social worker much time or attention. This was perceived as a dismissal. On a couple of other occasions the social worker sought to make contact but was again rebuffed. The social worker wrote a report that questioned the young mother's parenting ability, and you know where that leads. Would removal be deemed extreme?

MAKING IT PUBLIC KNOWLEDGE / Part 472 / For Love and For Justice / Zabeth and Paul Bayne

The Bayne family is a prime example of the way by which the Ministry of Children and Family Development (“Ministry”) fails to follow the principles outlined for it in the Child, Family, and Community Service Act (“CFCSA”). Unless Leslie duToit and Mary Ellen Turpel-Lafond give attention here, there will be other cases like this one that become public knowledge. I must compliment Paul and Zabeth for the tenacity with which they have brought their heartache to the public. What else were they to do when the agency that should be helping them shut its ears to them because the Baynes would not admit to a criminal act.

THE JUDGE INTENDS RETURNING THE CHILDREN / Part 471 / For Love and For Justice / Zabeth and Paul Bayne

I continue to be grateful for the readership response to this GPS blog. It is kind of you to stay informed here. Many of you are media personnel, social workers, Ministry employees. It is imperative that the seriousness of the breach of justice be understood, acknowledged and addressed in a virtuous manner.

Paul and Zabeth Bayne received from Judge Thomas Crabtree an 'opportunity' as he termed it. Ostensibly it was a nudge to the Ministry and to the Baynes to do something that has not worked for 3.5 years – that is, work together to bring the children home to the Baynes.

THE BAYNES ON THE ROADKILL SHOW/ Part 470 / For Love and For Justice / Zabeth and Paul Bayne

I have never listened to Roadkill Radio before or watched its livestream broadcast but I did last evening. Paul and Zabeth Bayne were scheduled to be on it. I was hesitant about their appearance because the promotion for the upcoming show led me to believe that it could cast them in a bad light since the hosts were going to aim some heavy artillery at the Ministry and particularly that segment of workers related to the Bayne case.

I must say that Paul and Zabeth stated their case with confidence and detailed explanation. After all, it was a significantly more receptive interrogation than the cross-examination within the court room. The recorded audio portion is cited below for you. It was a 60 minute show with numerous call-ins, citation of other cases, expressed abhorrence at the treatment this couple has experienced from the Ministry of Children and Family. Below is a 3 min video clip and a 50 min audio clip.

FAILURE OF THE FATHER TO TESTIFY / Part 469 / For Love and For Justice / Zabeth and Paul Bayne

Today,I can tell you more about the future of this GPS blog. By next Monday it will have a facelift but more importantly it will undergo a Refocus. For sixteen months each daily blog post has concerned Paul and Zabeth Bayne and their quest for the return of their children. They will continue their efforts but I will not consistently write about them. Their names will not be synonymous with the content of this GPS blog. I will however speak to the child protection concerns that proliferate within our societies and these comments as well as yours will not include or reflect upon the Baynes. The stories of other families struggling with child protection and advice on how to work with MCFD in order to recover your children may be featured here.There will be occasional updates about the Bayne Family progress.

Debriefing Judge Crabtree's REASONS FOR JUDGMENT March 2, 2011

My Fourth of Numerous Synopses (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements for the ruling.)   THE FAILURE OF THE FATHER TO TESTIFY

CHILDREN IN NEED OF PROTECTION / Part 468 / For Love and For Justice / Zabeth and Paul Bayne

The future of this blog is being reassessed now. An announcement will be made later this week. Until then, the synopses of Judge Thomas Crabtree's recent ruling on the Bayne Case will be completed here.

Debriefing Judge Crabtree's REASONS FOR JUDGMENT March 2, 2011

My Third of Numerous Synopses (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements in the ruling.)

I continue with Judge Crabtree's evaluation of the question, “Are the Children in Need of Protection?” and this time his Analysis, beginning with The Evidence of Mrs. Bayne. This is a critical area in his ruling, since there are two parents and the infant's injuries occurred while the child was in their care, and Mrs. Bayne was the only parent who took the stand. Her testimony was covered in points 173-198 of the ruling, a significant investment of time and prose.

Judge Crabtree assessed Zabeth as intelligent, industrious, organized.

WILL BE BACK ONLINE MONDAY - HAVE A GOOD WEEKEND

Check out Tim Amey, from 895 The Hawk Radio wrote this... 
Hope Couple Not Getting Their Kids Yet, By Tim Amey Friday, March 04, 2011 12:00 PM

Couple 'heartbroken' judge rejects children's return after three years - THE PROVINCE

This is Glenda Luymes second article in as many days. Quoted in its entirety as it appears in the Online issue .
Many thanks to Glenda and her editor at The Province

Couple 'heartbroken' judge rejects children's return after three years
By Glenda Luymes, The Province March 4, 2011 4:05 AM

A Surrey couple fighting for custody of their four young children are "heartbroken" by a court ruling saying the kids must remain in foster care for another six months.

In a case that gained significant online attention, Paul and Zabeth Bayne sought to have their children returned to them after they were seized by social workers more than three years ago.


On Wednesday, Judge Thomas Crabtree found the children, three-year-old Bethany, five-year-old Baden and six-year-old Kent, in need of continued protection. A fourth child, baby Josiah, born just four weeks ago - also remains in foster care.

IS THERE NEED FOR PROTECTION? / Part 467 / For Love and For Justice / Zabeth and Paul Bayne

Debriefing Judge Crabtree's REASONS FOR JUDGMENT March 2, 2011
My second of Numerous Synopses

This was a thirty-nine page ruling. (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements for the ruling.)

Judge Crabtree expressed that the case was before his court because the Director applied pursuant to s.41 (1) (d) that the three children, Kent, Baden and baby Bethany, be placed in the continuing care of the Province. Judge Crabtree aptly stated that the primary issue to be determined in this case was how the baby Bethany at age approximately seven weeks, was injured. He cited the relevant legislation, that is the guiding principles of the Act (The Child, Family and Community Services Act), its section on the best Interests of the Child, its sections pertaining to the required orders to be made at protection hearings, and then the application of these sections specifically to the Bayne Case.    Judge Crabtree indicated that the baby suffered injuries ...

Surrey parents to wait another six months to regain custody of their four kids - THE PROVINCE article

Here is columnist Glenda Luymes' article in today's The Province. Read it here and reference it online.
(Quoted in its entirety.)

Paul and Zabeth Bayne and kids Kent, Baden and Bethany in 2009. The Baynes are fighting for custody of their kids after they were seized by social workers in 2007.
Photograph by: Submitted photo, Paul and Zabeth Bayne

A Surrey couple fighting for custody of their four young children is “heartbroken” by a court ruling saying the kids must remain in foster care for another six months.

In a case that gained significant online attention, Paul and Zabeth Bayne sought to have their children returned to them after they were seized by social workers more than three years ago.

On Wednesday, Judge Thomas Crabtree found the children — three-year-old Bethany, five-year-old Baden and six-year-old Kent — in need of continued protection. A fourth child — baby Josiah, born just four weeks ago — also remains in foster care.
“We’re really disappointed,” Zabeth said Thursday.

IN THE HANDS OF THE PARENTS / Part 466 / For Love and For Justice / Zabeth and Paul Bayne

Debriefing Judge Crabtree's Ruling Released March 2, 2011

My first of numerous Synopses (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements for the ruling.)

  one of the last clauses of the ruling was...
[256]  "As s. 2 of the Act provides, the family is the preferred environment for the care and upbringing of the children, but children are entitled to be protected from abuse and neglect and this must be the overriding concern of the Court. The opportunity is now in the hands of the parents. The children are in need of protection. Now is the time to move beyond this question and to take the appropriate steps to address and remedy the situation to satisfy the Court that the children should be returned to their care and custody."
As for the [256] clause from the ruling...a very important paragraph in my mind.

THE LAST WORD TONIGHT / Part 465 / For Love and For Justice / Zabeth and Paul Bayne

TO RECAP: JUDGE CRABTREE DID NOT RULE THAT THE THREE CHILDREN COULD BE RETURNED TO THEIR PARENTS BUT GRANTED A C.C.O. FOR AT LEAST 6 MONTHS. FURTHER, THE 9:30 AM COURT APPEARANCE TO SET A DATE FOR A PRESENTATION HEARING RE: 2 WEEK OLD JOSIAH GOES AHEAD TOMORROW AT SURREY PROVINCIAL COURTHOUSE.

The supporters of Paul and Zabeth are almost speechless tonight. We find that words fail to communicate our sense of what has been lost today for this family.

Curiously, today's event has given voice to an assortment of people who have chosen this moment to place offensive comments on the earlier blog post. We seldom if ever heard from you earlier to argue actual points but now you reveal yourselves by hurling insults and slinging names at the parents. I am sorry you resorted to that. Oh, and some of you pro-Bayne folk threw some back didn't you?

I removed the requirement these past three days that all comments must pass my rather liberal scrutiny and that worked acceptably until tonight. I have reinstated that requirement. Reasonably stated comments even if in opposition to the advocacy of this blog will still appear but not when they are calling the parents liars and crazy.

The ruling today directly affects the Bayne Family to be sure and casts a pall of despair. Beyond this single family, it would be unfortunate if our society would ignore the solicitation for changes to the Child, Youth and Community Services Act as well as the call for a review of the way child services and welfare and protection is delivered within our communities. To that end I am trusting that among the over 12,000 hits to this site today are news editors and columnists who will begin to research the concerns about child protection in this province and across our country.

Perhaps in the days to come, some aspects of the ruling today can shed some light to provide answers for the countless questions that you have about why it came down as it did. Yes I wanted the Bayne children to come home, and yet I will be objective when I share a Judge's formulation of a conclusion to this highly emotional case.  

THAT'S THE LAST WORD HERE FOR TONIGHT.

JUDGE RULES - NOT GOOD NEWS / Part 464 / For Love and For Justice / Zabeth and Paul Bayne

They are NOT coming home. The three children, Kent (6), Baden (5) and Bethany (3) who have been in foster care for the past three years and four months and visiting with their parents for a few hours each week are not coming home to stay - to live. At least not for the foreseeable future.

In a 40 page judgement, Judge Thomas Crabtree has concluded by granting a Continuing Custody Order for a period of 6 (six) months.

There is so much more to tell you but it has to be properly processed. The judge has not bought the Shaken Baby Syndrome allegation. Nevertheless,the Court finds the children in need of protection. 

One concluding statement is: "As s. 2 of the Act provides, the family is the preferred environment for the care and upbringing of the children, but children are entitled to be protected from abuse and neglect and this must be the overriding concern of the Court. The opportunity is now in the hands of the parents. The children are in need of protection. Now is the time to move beyond this question and to take the appropriate steps to address and remedy the situation to satisfy the Court that the children should be returned to their care and custody."

And then one of the last sentences says, "In the. circumstances of this case I conclude that an order pursuant to s. 41 (1 )(c) for a period of 6 months is warranted."

We are all devastated. This is appalling. Give us time to understand where this leaves the Bayne family but it is not what we expected. 

Do you think people are interested? As of 8PM, 10,121 hits to this site.

NO MORE WAITING / Part 463 / For Love and For Justice / Zabeth and Paul Bayne

This is definitely the day. 3:00 PM is the scheduled release of ruling.

3:30 PM STILL WAITING... YOU WILL HEAR AS SOON AS I KNOW. 

4:45 PM STILL NOTHING

5:13 PM Update: It's a 40 page judgement - going to take some time to go through and get to the bottom line

If he has been anything, Judge Thomas Crabtree has been studiously deliberate in preparing and delivering his ruling. There will be no further postponement of the court ruling. Nothing more requires consideration. Today at approximately 3:00 PM Judge Crabtree's decision will be faxed to respective counsels and will be disseminated from there. What we truly care to hear today is the sound of freedom that is essential to the Bayne Family. To achieve that resounding note, Chief Justice Crabtree's ruling is guaranteed to be a comprehensive examination. The Ministry of Children will not have anticipated the incisive dissection of policy and practice, of mission and delivery, of failure and lost focus. The outcome of this case has the potential for long term precedent setting improvements to child protection in British Columbia. I am believing that Judge Crabtree has gone there today. Paul and Zabeth desire that, but right now all that they want to read is that Judge Crabtree has believed them, trusts them to be excellent parents, and is giving this entire family, Kent, Baden, Bethany and very new Josiah, a second chance to be F-A-M-I-L-Y. Really! The waiting is a killer!

This is visitation day for the Baynes, but we hear that Bethany and Baden are still experiencing cold symptoms and will not be at the visitation. They hope Kent and Josiah will be available. Their grandparents can also be there. It will be during this visit that the ruling should be transmitted, by fax of all things, not in a court room or digitally. I am thinking it will be a condensed version, the nub of the decision with a fuller release within a court setting later on.

THE RULING WILL BE POSTED HERE AS SOON AS I KNOW- Dr. Ron Unruh

Here is the thing...Not only must the Baynes make themselves ready to hear the news today, they are scheduled to be in court tomorrow at 9:30 am at Surrey Provincial Courthouse, simply to set a date for a Presentation Hearing concerning the baby Josiah. That appears to be a separate case from the other three children. Yes, but as I have written previously, it is a case that has no merit to stand on its own, and is without evidence of any kind other than repeating the concerns of the Ministry with regard to one of the three children in the prior case. SO, one would trust that today's ruling abolishes the need for and the substance of the most recent apprehension. End this thing today!

TOMORROW AT 3 PM / Part 462 / For Love and For Justice / Zabeth and Paul Bayne

Many commenters contributed yesterday when we learned that there was a further two-day delay before we hear Judge Crabtree's ruling. Understandably we are concerned for Paul and Zabeth and how they are affected by the incessant flow of disappointments and heartaches. Believe me, Judge Crabtree understands what the delay means. He showed courtesy to them during the court case. I cannot for a moment believe that he was unaware of how a further delay would impact these waiting parents. There must have been a good reason. If all he was going to do was permit the Ministry to keep these children, he could have done that in short order last autumn. It would have been a secure judgement. This couple could not afford to appeal. They are financially without resources, yet as we have seen in terms of moral and spiritual support they are wealthy. That was demonstrable during the court case and Crabtree watched that day after day, but never so overtly as last Thursday when fifty or so of you filled the courtroom and stayed all day so Judge Arthur-Leung could know this is not a case to be hastily dispatched.

So, here we are again, looking together with Paul and Zabeth toward TOMORROW. Tomorrow will bring the children home.

in mommy's arms

don't take him away

In the meantime, I thought that you should be cheered by some glimpses of Paul's and Zabeth's newest joy who is named Josiah. When you see him here, promise me that you will give thanks, and then I will let you become incensed that he too is in foster care because this Ministry continues to distrust and malign and insult two innocent people whose case will yet be celebrative.

comfy in mommy's arms

peaceful Josiah

You know that it is the expressed view of this blog that Judge Crabtree can make no other decision but to return the children to Paul and Zabeth.

The handling of this case and the mistreatment of these citizens, has been outrageous and the evidence in court revealed that. The Ministry's own empowering Act was not satisfied by the way the rights of these children and these parents have been ignored and compromised.

Tomorrow, at 3:00 PM the verdict is to be released. Watch for it here.