RAY FERRIS TO TIMES COLONIST AND MPPs

A letter from Ray Ferris - Written to the Times Colonist  

Ray Ferris is a retired child-protection worker and the author ofThe Art of Child Protection.

"You report another child welfare horror story. Such professional incompetence is entrenched and institutionalized in British Columbia and many other child welfare jurisdictions. The Internet is rife with horror stories. Ian Mulgrew of the Vancouver Sun recently covered a case that cost an estimated two to three million dollars before the children’s ministry withdrew from the case and returned the children to the mother. Anyone can read the scathing judgement here.

WHAT WE GET FOR WHAT WE GIVE

We pay good money to operate a government for the people.

We pay our taxes, all of us do, as citizens of the commonwealth, the federal government of Canada, and the British Columbia government for a province that we call home. We love it here and together we are the people.

Our expectations are routine enough. We want reliable representation by ordinary people standing in on our behalf to create and manage respectable law and policy to service people and the communities in which we live.

We value statements by government agencies that have the sound of credibility such as “In the best interests of children.” We believe innocently, naively that all agencies mean what they say, or that all employees within them, operate with authenticity.

Then something like this happens.

MORE FROM FERRIS ON JUSTICE WALKER'S STUNNING VERDICT

You will need to refer back several blog posts to catch the significance of the court case that has captured Ray Ferris's attention. The judge ruled against a father who he said had abused his children, and roundly faulted MCFD for believing him and getting it so wrong, and awarded the children to the mother. Now she is suing MCFD. Listen to Ferris below ... By the way, he is a colleague advocate for change to MCFD and for justice to the improperly treated.

THIS WAS COURT DAY

THE STORY OF AYN VAN DYK

As told by her father Derek Hoare

Part Ten of Fifteen

THIS WAS COURT DAY

October 18-19, 2011

Oct 18

Arg!!! having a hard time getting myself to remember to sit down and write these on time... I'm bad. I will set an alarm in my phone to remind me; 11:30 pm.

So this was court day, much anticipated though I was working off the assumption that it was pointless... an accurate assumption it turns out. I kept Lyric home today with the faint hope that there could be a move to return. But my understanding was that if I refused to consent to their request to a 90 day temporary custody that a case conference would be ordered to see if the two sides could come together avoiding a distant and lengthy trial.

I arrived and saw no-one there I knew... Amie hadn't arrived yet, my lawyer was nowhere in sight, nor Amie's... nobody. After entering the courthouse two group members arrived and we headed into the courtroom. I saw Amie's lawyer and MCFD's lawyer as well as the SW... Still no sign of my lawyer. The hearing lasted about 10 seconds.... I did get to speak my first "word" ever in court... "Ya", when asked if it was me who was present. Surreal first word and over many months in!

COURT RESUMES TODAY 9:30 AM / Part 274 / For Love and For Justice / Zabeth and Paul Bayne/

This is the day. It's not D-Day yet. The decision does not come down today. But the closing testimonies and arguments from both the MCFD counsel and the Bayne counsel occur this week. The ruling may come at the end of this week or perhaps later as judge Crabtree has time to reflect upon this recent evidence. Most of the week will contain the Bayne opportunity to present their case defense against the accusations of the MCFD. Some of us believe that the decision is already clear. Jensen is an effective lawyer. He simply has not had a good case to represent for the Ministry. He knew that very early in this nasty process. In fact he counselled his client, the Director, that the case to continue care of the boys could not be won. Like most lawyers, he does what his client pays him to do, so we have come all this way, at the expense of the children not in their best interests.

Not this kind of decision.

Closing in on three years that this Bayne family has been ruptured, the case begins yet another week of court days. Hopefully this is the end of it. Hopefully regardless of the legal loopholes and extension ploys that MCFD or Jensen attempt, Judge Crabtree will say “enough.” This meticulous laptop, note-taking judge has promised that he will deliver a written and articulated ruling to this hearing.

This has nothing to do any longer with protecting children. That may have been the early presenting concern. Today is well beyond that. Paul and Zabeth are not a threat to their children, not one, two or three. These many months have exonerated them by the consistency of their behaviour in face of the most adversarial treatment by a service providing agency mandated to administer mercy. Baynes on the other hand, have corresponded and complained and campaigned for good and safe care of their children and ultimately for the return of their children. Of course they have been faulted for that by MCFD. Had they not made this significant effort, that too would have been used by MCFD as evidence of disregard or neglect. That's the way this contest for the lives of children works. This is about winning. There have been countless evidences of this motivation throughout the case data over three years.

Most important this morning is how Paul and Zabeth are doing as they start this day and this week. Remember I told you that they were a couple with faith in God and the value of prayer. They do desire to know that other people of faith are praying for them and the positive outcome. They need some superhuman strength to face what lies ahead. Some of you know what they are feeling. They are afraid and they worry. Yet because of some strong indicators they are filled with optimism. What they dread is hearing once again an onslaught of insinuations and slanders about their character and conduct and family history. It is quite a slurry of emotion that they experience right now. This is the day. This is the Day that the LORD has made.

Zabeth and Paul Bayne – Part 53 – The Bayne Campaign for Justice

COURT CASE YESTERDAY
Yesterday, a pre-trial court session was held at 1:30 pm in the Chilliwack Court House. Zabeth and Paul Bayne and their legal representative Doug Christie were present as was the legal counsel for the Ministry of Children and Family Development. In court the lawyer for MCFD admitted that with respect to the two boys, MCFD possesses no evidence of physical or emotional abuse or neglect. And remember it was he who told MCFD many months ago to return the boys because there were no grounds for holding them and MCFD disregarded this counsel. With respect to the Bayne’s two year old daughter MCFD legal counsel had to acknowledge that MCFD is relying solely upon the original diagnosis of one doctor who concluded she was a shaken baby. During a private moment outside the court room the MCFD legal counsel stated to the Baynes’ lawyer that this doctor has seen nine of the eleven reports gathered from ten medical experts who dispute the original diagnosis. The admission concerning the two boys underscores the unsupportable position for MCFD to continue to withhold these sons from their parents. Yet because of the nature of this particular hearing, the Bayne side was not able to present a request for an interim custody order in favour of the parents. The Baynes were very pleased with the work of their legal representative Doug Christie. The Judge set the date for trial for January 13 which is thankfully much sooner than was earlier expected. All of us who support the Baynes may have been eager for better results, such as the immediate return of the boys. What disturbs me most is the knowledge that given what the MCFD lawyer admitted about the boys, there is indication that MCFD will still ask for a custody order that potentially authorizes the adoption of all three children. As unlikely as it may seem, the Judge still has the authority to make a judgement in this case before the trial that would favour the Baynes. Nonetheless, here was the strong response from the Baynes following the court appearance. “God can still choose to resolve this out of court through the orchestration of any number of possibilities. He can still have our children home for Christmas. We are still going to pray for this and I know all of you will too.”

After the grueling afternoon, Zabeth and Paul had to go to work in the evening. You may remember me telling you that they work as night custodians so they can be free during the daytime, to visit their children two afternoons per week. Can you sense how much they need your moral support?