Wednesday, March 2, 2011

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.


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.

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!


  1. This lovely family will be together soon, the judge can't rule otherwise. It would be too outrageous.

  2. I hope the judge does the right thing and reunites this long-suffering and innocent family and doesn't say since they spent all their resources trying to get their kids back that they now no longer have the money to take care of them and place them in state "care."
    This travesty is a case of truth vs. power with justice held hostage.

  3. I know very little, but was forwarded this blog by someone. I recently went through my own situation with SBS - I am extremely grateful that my children, although removed from my physical custody, were very much accessible to me and were cared for by my family. I saw them every day and yet the heartache of leaving them at night was unbelievable. I hope for justice and a positive outcome for the Bayne family, my heart goes out to them.

  4. "The outcome of this case has the potential for long term precedent setting improvements to child protection in British Columbia."
    Praise God if this is one of the positive outcomes of the years long trial this family had endured. The Ministry needs a complete overhaul and some serious checks and balances put in place.
    1. So that parents can confidently seek medical attention for their children without worrying that some overzealous social worker can apprehend their children on the basis of one doctor's suspicions, and
    2. So that we don't hear one more news story of a child dying while in foster care.
    There are some serious problems with this "Ministry" in our province, and I hope this afternoon's ruling will move reform of this portfolio to the top of our new Premier Christy Clark's agenda. It's about time the inside working of the MCF is blown wide open for public scrutiny and accountability.
    I am praying for the Baynes family continually. May God bless them richly this afternoon and in the years to come!

  5. I just saw this interesting article about Shaken Baby Syndrome and how it's often mis-diagnosed. It seems more and more doctors are questioning the blanket diagnosis of SBS.

  6. Return the children...they all deserve this.

  7. Anon (11:51am) - Thanks for posting that great article!

  8. That is indeed a good story link on SBS.

    The catch phrase I note is that SBS is labeled as a crime in which guilt of the caretaker is automatically assumed. MCFD is absolutely adamant their doctor Colbourne's SBS diagnosis is correct, yet no crime has occurred. Police investigated thoroughly and decided charges were not warranted.

    Check the last two sentences in the story. MCFD made no investigative effort or put any effort in court to disprove or otherwise rule out the Bayne's parents explanation of a fall was not possible. MCFD's witness credibility was less than the Bayne's expert witness credibility.

    The police were satisfied with the Bayne's explanation without speaking to experts. MCFD by omission has no record corresponding history of abuse by anyone in the Baynes family.

    This is all about MCFD having an immature tantrum over the Baynes calling the media in May of 2009. Now MCFD has painted themselves into a corner trying to defend SBS diagnosis in general by suggesting the Baynes are pulling the wool over our eyes.

    Two hours to go before Judge Crabtree decides...

  9. I cant hold my breath anymore...Please say this went well for the Bayne's family...It's 6:44 P.M.

  10. Its three hours earlier in B.C. They have not had the time to receive and review the documents yet. It must go to the Lawyer first, than to the Baynes.

  11. Thank you Ron for being so vigilant about keeping the public informed about this case. It is a blessing that you can share the outcome of this case with us. We all support the Baynes, and my prayers are with them while we continue to wait for the outcome. Hopefully, this does not get put over until tomorrow, cause if I am not mistaken isnt Judge Crabtree seized of the Baby Josiah matter?

  12. Is it maybe possible he's waiting until the last possible moment so that it doesn't get onto the front page of newspapers? This almost sounds like MCFD is going to get the upper hand on this. But I hope not, they need to be put in their place.

  13. Did I not tell you that Murphy never sleeps and so his law always operates. Well folks looks like Murphy prevails again. As of 4.30 Doug has had no word from Crabtree. So much for 3pm. No word and no explanation. I cannot see how he can avoid addressing the issues in court tomorrow morning in the hearing set down for Josiah.
    I would not wait up for it tonight if I were you.
    Tomorrow's hearing is not just to set a date for a protection hearing. According to the act the judge must make an order on interim custody. The judge has many options. He can leave interim custody with the parents, with or without supervision, or he can leave it with the ministry. He can also simply dismiss the complaint without further hearing. Should he return the other three children to the parents, he would most likely also return Josiah. The ministry would be insane not to withdraw the complaint anyway.

  14. Ron, you posted at 5:13 (does this mean that the lawyers have the documents and now just need to read through them to determine the judgment? Or are they still waiting for the documents?

  15. Hi Ron,

    Any news

  16. Ron, no matter what happens. I would like to encourage the fight against this voodoo science of sbs diagnosis. How can we do this?

  17. Time and money might be better concentrated on teaching parents the proper skills in order to look after their children so that they do not end up with any life altering injuries.
    Please respect the people in our community that protect children and step in to give children a voice when they are not able to protect themselves. You might not agree with the situation but MCFD is a necessary and life saving government organization.

  18. 8c277906-4686-11e0-a244-000bcdcb8a73

    As the originator of this blog but not the author of all comments following my posts, I can tell you that there is respect for the need for, and the objective of protecting vulnerable children, yet a healthy and deserved criticism of the way that the Act is interpreted and practiced and of the bureaucratic and judicial congestion that almost cripple due process.


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