Second Part – Canadian Alliance for Social Justice and Family Values Association Dinner, October 24, 2010 Vancouver
“This case of the Province of BC Ministry of Children against Paul and Zabeth Bayne is waiting for a ruling by Judge Thomas Crabtree. The Baynes were in court since January to contest the application by the Ministry to keep their children forever. It's a Continuing Care Order. It means the children would remain in the care of the Province indefinitely, and that means possibly until the age of majority, age 19, and possibly adoption to another family. The Fraser Valley Region of the Ministry took this position that Paul and Zabeth continue to be a risk and that they should not have their children returned. MCFD holds that position in spite of the fact that Police dropped all charges of abuse and in spite of the fact that there is no actual evidence of danger or risk. They hold that position solely because Paul and Zabeth Bayne have refused to admit to harming their infant daughter whom a medical opinion said was the subject of shaking and trauma. The Ministry took the majority of the court time to prove how unfit Paul and Zabeth are to be parents. It had to embellish and stretch the truth throughout this trial. Many of us do not believe that the Ministry proved its case. All that matters now is that Judge Thomas Crabtree also concludes that the Ministry did not prove this and that it is in the best interests of these children to be returned to their parents.As I concluded, with Paul and Zabeth embracing in tears where they sat, six hundred people stood to give them a standing O.
How anyone could think otherwise is beyond my understanding. One of the special considerations favouring the Baynes that judge Crabtree has recently made in court was to permit one of the visitation days each week when Paul and Zabeth can see their children, to actually take place in the Baynes' own home. So for the past few Saturdays, all three children are brought to the Bayne home where each child is loved, loved, loved. They have six hours on a Saturday. The two boys have a shared bedroom where during the day if they choose to have a nap they can go there. These boys remember some toys and blankets from that brief time they spent with their mommy and daddy in 2005, 2006 and 2007. Baynes' small daughter has a room of her own with everything girly and fun. And there is a giant playroom for everyone and a large yard in which to play. And always these visitations are carried on with a supervisor present to monitor everything that is done. That supervisor cannot help but see how much these children love to be in their home.
That home is a rental house. You will remember that Paul and Zabeth lost their own home to pay for legal expenses in the early stages of this three year old struggle to regain their children. And Zabeth is a concert pianist and plays beautiful music and taught piano lessons but she had to sell her grand piano to pay for other legal expenses. They have exhausted all that they have in order to restore their family to a functioning and happy family once again. Paul and Zabeth deserve the right and the privilege of raising their three children into adulthood, instilling into their lives the values and principles and skills that will make them contributing members of society and contributing disciples of God's Kingdom.
In his closing summation, Baynes' lawyer Doug Christie told the Judge that the Ministry failed to prove its case. He said that this was purely a medical matter. It pertained to injuries sustained by their youngest child, an infant at the time. There was no evidence of wrongdoing by the Baynes. There was no confession by the Baynes. There was nothing to which the Ministry could point to prove that these parents willfully inflicted harm to their child and that is the only reason that these children should be removed from their parents. All that the Ministry has is a diagnostic opinion by a pediatrician who identified the injuries as shaken baby when there is no evidence that these injuries were the result of an act of violence. In fact it was later acknowledged by that doctor that the injuries indicated impact which of course is consistent with the explanation provided by the Baynes of an accident in the home when a sibling brother fell upon the baby.
Within days the Baynes will receive the transcript of the Ministry lawyer's closing summation and then Mr. Doug Christie will prepare a rebuttal and submit it to Judge Crabtree. The Judge wants to make a ruling as soon as possible, and he will take a few weeks, and hopefully make his ruling before the end of this year 2010. The very best scenario would be for Kent and Baden and Bethany to be returned home unconditionally for Christmas Eve and Christmas Morning, so that Paul and Zabeth can rejoice that unto them their children have been given.
Photo from the Bayne Facebook page
All of you who pray, please continue to pray for this family, and particularly Paul and Zabeth who wait so patiently.”