Thursday, March 31, 2011


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.

I wish I knew what was going on. On one hand I have reason to hope for the Baynes. On the other hand I am dismayed with the way legal counsel for MCFD has operated once again. It appears to be both practical and preferential that the Bayne case file has been transferred from the Hope Team of social workers to the Surrey (Guildford) Team. The latter Team have worked on their mediation model in recent years and are demonstrating that in recent interaction with Paul and Zabeth. Granted that the Baynes are accommodating to the Ministry Team demands on every count, yet there are early signs that this Team is working sincerely toward a goal of returning the children. As always, time will tell.

However, as for the hearing tomorrow, will it be another presentation type hearing or a protection hearing, which if it is, the CFCSA tells us it should have been scheduled no later than 45 days after the removal of the child. That was March 27th, unless 45 days are argued as week days. Then April 1st fits. What I understand is that seven days after Josiah was born and removed (same day), a presentation hearing was held. At that hearing the Hope social worker Loren Humeny was represented by Kim Tran who presented the Baynes with Loren's affidavit and that document was filed with the court. The hearing was adjourned and resumed the next day. Doug Christie was present and spoke, although the judge really didn't want to allow him to do that, because his objections to this apprehension typically should take place at a Protection Hearing. Then we come to the hearing tomorrow, the nature of which the Baynes did not know until there own legal counsel informed them. They should have been contacted according to CFCSA regulations. At the last court appearance it was agreed that the Judicial Case Manager would call the Baynes' lawyer to find out which dates he was available. She was also to contact Judge Crabtree to see if he wanted to sit on the case and was available. Doug Christie himself learned about the scheduled hearing via e-messaging yet he had not been consulted about his availability. He was already committed to another case. So tonight he flies back from Ottawa in order to appear tomorrow, having cut off his other commitment a bit early.

1 comment:

  1. The hearing should not have been scheduled without Doug Christie being included in the planning of the time of the hearing. But this is just another way that MCFD works to keep parents and children apart, by having their legal counsel informed after they have made other commitments. Thank God and goodness Mr. Christie is going through the enormous expense and inconvenience to stand for justice. What a great man he is.


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