Monday, March 21, 2011

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.............

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. 


The Provincial Court Judgment Database is currently the only free public online source of Provincial Court judgments. It is an important source of information for lawyers, the media, and the public, and continued expansion will include as many of the Court's judgments as possible. Most of the entries currently on the database are judgments delivered in written form and posted at the discretion of the presiding Judge. Many of the Court's judgments are delivered orally and have not yet found their way onto the website. It is expected that with time greater numbers of decisions, both oral and written, will be placed on the database; however, the decision to post decisions online remains with individual Judges.
“The decisions of the Provincial Court are available on the Internet for public information and research purposes and may not be copied for resale or other commercial use without the express written permission of the Office of the Chief Judge. Decisions in the Provincial Court Judgment Database may be used without permission for public information and research, provided the material is accurately reproduced and an acknowledgment made of the source.”

“Every effort is made to ensure that decisions Posted in the Provincial Court Judgment Database are edited to conform with statutory and court-ordered publication and disclosure bans. However, there is no representation, express or implied, to users of the database, that the decisions or the information contained in them may be used without the user personally checking for and ensuring compliance with any bans on publication or disclosure.

7 comments:

  1. Ron, can you tell us why it had to be removed?

    ReplyDelete
  2. The ruling is indeed public information and it is legal to republish the document. It should be up by now. One might question why the Chilliwack Registry has not published this online, or why MCFD has not made this accessible anywhere else. Please accept that for the present time in the interest of the family about which this page has always been concerned, I pulled the link just now. I believe it will go up again.

    ReplyDelete
  3. Ron, your efforts are much appreciated. We look forward to reading this case, if and when it is posted online.

    ReplyDelete
  4. Did MCFD threaten the family and make you pull the judgment down?

    ReplyDelete
  5. If this was an honest and open system, this is where the Judgment would be posted:

    http://www.provincialcourt.bc.ca/judgmentdatabase/index.html

    ReplyDelete
  6. MCFD made no threats and has no direct influence upon my decision.

    ReplyDelete
  7. Thanks for the link. This is where it should appear.

    ReplyDelete

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