FLASHBACK - ZABETH & PAUL BAYNE

This is a flashback to well over a decade ago when I officiated the wedding ceremony for Zabeth and Paul. Today they have four vibrant, growing, intelligent and lovely children. They could never have imagined as they knelt before me (their choice), that within a few years they would experience yet endure the gravest assault upon their family, their hearts and their reputations. In 2007, accused (but unproven) of hurting their youngest of three children then, all three children were removed from them. For four years they maintained their innocence and fought passionately through hearings and court cases. Then as a crowning insult, their newborn fourth child was removed shortly after birth in 2011. With the help of the late Doug Christie (barrister extraordinaire) and Ray Ferris (former MCFD supervisor turned critic) and through their own faith and determination and the moral support of hundreds of advocates, they received their children back in 2011, and in the five years since then, their thriving family provides the continuing evidence of a wrong diagnosis, incorrect assumptions of guilt, the risk of unfettered power among blasé bureaucrats, social workers and litigators; as well as the evidence of the diligent, honest, upright and loving parents and people that Paul and Zabeth are. They are a continuing inspiration to many troubled people. I will never forget them, Zabeth in particular with whom I maintained an almost daily contact through the years of their ordeal. Thank you God, for setting them free.

TRUE CONCERN ABOUT CHILD WELFARE A LONG TIME COMING & HERE COMES PLECAS’ INTERVIEW

I began writing about Paul and Zabeth Bayne's effort to recover their children in 2009, when their case was already two years old. They were suspected of having harmed their youngest of three children. Shaken Baby Syndrome was the Ministry's concern at the time. I was in daily contact with the Baynes, commiserating and gathering information. In order to be reasonably objective as a blogger advocate, I educated myself about the history, the policies, the failures, and the reviews of child welfare in B.C.  It became apparent to me that the Ministry's burdensome responsibilities were not consistently managed judiciously, compassionately, economically or in timely fashion. I became quickly aware that there were many parents and families helplessly mired in bureaucratic gorilla tape, and that the Ministry was decidedly adversarial with parents in many of these cases.

Ray Ferris is talking about HEROES

Ray Ferris is a frequent contributor on this blog. He's a friend. I trust him. He's also outspoken about injustice, specially the kind that confuses the best interests of children.

Sidney Crosby

"What do you think about when we use the word hero? What sort of hero comes to mind first? Is it a war hero, a sports hero, a fireman, a mythical hero, a rescuer or a fighter for justice? I am sure that some of you might first think of Jamie Benn, Sidney Crosby and Carey Price all coming home from Sochi in triumphal splendour.

When I look back on life, I have not had very many heroes.

Guiding Principles in Doug Christie's Life

Doug Christie's Guiding Principles:

"Freedom of Speech is the one gift you must give to your worst enemies in order to keep it for yourself"

Audi Alteram Partem (Hear Both Sides)

"Pass it on"

I will provide to you hear a link to Marc Lemire's 'The Freedom Blog' which has provided a commendable and moving pictorial and audio tribute to Doug Christie with special reference to his memorial mass. 

DOUG CHRISTIE, HUSBAND, FATHER, FRIEND & LAWYER - DEAD AT 66

He was a defender of Free Speech.

Christie is one of the most recognized and provocative lawyers in Canada.

Doug Christie died on Monday at Victoria's Royal Jubilee Hospital at the age of 66. “I am heart-broken to say that Doug passed away this afternoon in Victoria Hospice,” his wife Keltie Zubko announced in a public statement. She said that Doug’s family was with him and were “able to say all that was in our hearts to say before he let go of the pain and suffering to leave us with the immense gifts of his love for us and the lessons of his life.”

I had difficulty understanding why he defended the people he did. Then I met him, spoke with him, watched him within the context of his legal work done for Paul and Zabeth Bayne as they tried for four years to recover their children from the Ministry of Children and Family Development of British Columbia, and my appreciation for the man began to develop. He represented the Baynes pro bono and that benevolence spoke volumes to me. I am sure that some of his motivation derived from his Roman Catholic convictions. I liked him. I am saddened by his death. The Bayne family is together today in large part because of his dedicated assistance to their campaign for justice.

RAY FERRIS CLARIFIES SOME PERCEPTIONS

Ray Ferris retired from a a career with the Ministry of Children and Family Development at a time prior to the present Child, Family and Community Services Act which empowers the current Ministry of Children and Family Development. He has been openly critical of Ministry practices and case management for some time. He contributes comments here and occasionally I print his material as the primary post for the day. This is one of Ferris' posts.

Doug Christie

First one quick comment in response to one writer. Yes it is true that a letter from me was read to the court in the Bayne case. Yes, it is true that the children stayed in care for nine more months. These two were not related however. The ministry had indicated that they wanted a parental capacity assessment done before they would consider returning the Bayne children. I knew that this process could take many months and could be costly. I am just as qualified as anyone else to do such assessments. I completed a fully professional assessment in two weeks, complete with many written references and reference interviews. It was totally factual. Lawyer Doug Christie tried to file it as appropriate under section 68 of the CFCSA.

SYNOPSIS: BC’s MINISTRY OF CHILDREN, PERSONNEL & PRACTICE

By Ron Unruh

In a nutshell, we have a Ministry of Children and Family Development that contains a department called child protection. Our Law Enforcement is not local policing but rather the Royal Canadian Mounted Police (RCMP). Our judicial system is commendable but besieged by too many cases and not enough judges and not enough available court time. We have lawyers, oh oh ...do we have lawyers, and many of them have tapped into the lucrative contracts with MCFD. Their interest therefore is not expediency, and they do not give a second thought to extended delays in process and what that may mean to a family in terms of heartache, relational distress or financial crippling. RCMP and MCFD have a working arrangement in child protection cases that when an apprehension must be made, officers will accompany social workers, making the situation so much more intimidating and traumatic.

ALTRUISTIC WORK BY RAY FERRIS AND DOUG CHRISTIE / 595

Doug Christie

Ray Ferris

At last weekend’s conference entitled, EVIDENCE BASED MEDICINE AND SOCIAL INVESTIGATION, two of the speakers during the Saturday morning schedule, were Ray Ferris and Doug Christie. These have become friends of mine, casual, men whom I respect. Both of these men as many of you now know, have been instrumental in assisting the Baynes particularly through the course of the multi-months court hearing in 2010. Ray’s knowledge of the Child, Family and Community Services Act, and the operations of the Ministry of Children and Family Development child protection process was immensely helpful to the Baynes as well as to Mr. Christie. Mr. Christie’s courtroom experience, his logic and perceptivity as well as communication skill was crucial to the case outcome.

TODAY JOSIAH IS BEING GIVEN BACK TO ZABETH AND PAUL / 587

Josiah in the Month of June

Recently Josiah had an overnight with Paul and Zabeth. The following afternoon I saw him sleeping against his mommy in a soft front baby carrier. He has grown. He has received good foster care for the past five months since he was born and since he was removed from his mom. Today he begins overnighting at Paul's and Zabeth's place forever - it's his place too. 

Since early July Paul and Zabeth have known that their children would be returned to them. In a cordial meeting attended by their lawyer Robert Hamilton, MCFD legal counsel Dean Tate and case worker Matthew Walker as well as new director Sheila Zeiner, they were informed of this news. Since the social worker requested that the Baynes should not make these details known prior to July 23, the date upon which the parents would be allowed to inform their children that they are scheduled to come home, I complied with that request.

EVIDENCE BASED MEDICINE - A CONFERENCE, HERE! / 545

PART TWO OF FIVE

CONFERENCE PRESENTERS AND THEIR TOPICS
In addition to Keynote Speaker, Christina England who was profiled in yesterday's post, the scheduled Evidence Based Medicine and Social Investigation Conference (EBMSI), August 4-6, will welcome a host of other international facilitators. The areas of their expertise will be informative to medical groups and law societies that have already received invitations. Additionally, parents and caregivers are invited for the relevant topics. 

Dr. John Plunkett: Anatomic Pathology & Clinical Pathology, Forensic Pathology from Hastings, MN Topic: The differential diagnosis for subdural hemorrhage and retinal hemorrhage in children under the age of two.

Dr. John Galaznik: Pediatrician, Alabama
Topic: The evolution of the AAP COCAN Position Statements from 2001 through the present

Dr. Horace B. Gardiner: Opthalmologist, Colorado Springs, Colorado
Topic : Shaken Baby: A syndrome that never was, never will be and never should have been. Sub Title: How ophthalmology contributed to a theory that has affected thousands.

Dr. Patrick Barnes: Pediatric Radiologist Palo Alto, CA
Topic: Medical Imaging in Brain Trauma and Metabolic Bone Disease

Dr. Harold Buttram: MD, FAACP Quakertown, PA

Dr. Chris Van Ee: Biomechanic, Detroit MI
Topic: Methods and Validation of Biomechanical Reconstruction of Infant Injury

Dr. Viera Sheibner: Slovakia Mark Freeman: Legal Counsel, PA
Topic: The Anatomy of Injustice. How those accused of medically diagnosed crimes are unjustly presumed guilty.

Zachary Bravos: Legal Counsel, Wheaton, Il

Ray Ferris: Retired Social Worker, Victoria, BC
Topic: Sense and Nonsense, Myth and Reality in Social Work and Child Protection

Doug Christie: Legal Counsel, Victoria, BC
Topic: The Balance of Power in child protection cases and the rubber stamp mentality.

Dr. Andrew Moulden: MD PhD, Toronto
Topic: Autism, SIDS/SUDC, infantile paralysis, aseptic encephalopathy, false allegations of shaken baby syndrome: Bringing a common denominator silent pathophysiological brain impairment process to clinical light – is germ theory incomplete?

Make sure that you take a look at the Conference Website

FOR YOUR INFORMATION / 539

The new Ministry lawyer is Dean Tate. Finn Jensen is no longer active in the Bayne case.

Robert Hamilton

Robert Hamilton is a lawyer now working with the Baynes and in cooperation with Doug Christie who championed their cause until now. Each has agreed to specialty roles. Mr. Hamilton is very familiar with family law and child protection cases. Mr. Hamilton is the legal counsel who successfully represented the Rahman family in an equally contentious case. He is an Associate at the firm Lindsay Kenney LLP.  Mr. Dean Tate lost an appeal on the Rahman shaken baby case (2009 BCSC 1073 / E083988 Vancouver). Mr. Robert Hamilton was the Rahman counsel at that time.

CHRISTIE'S FINAL SUBMISSION installment 10 How do the Baynes Strike You? THE END / 500 !!!!!

This is GPS Blog Post #500 

The tenth and last installment in the series of ten quoted sections from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is a public document.
Today it is.... Concluding statements …. and with this the submission ends. Here he states that "All the judge has to decide is whether there is clear and compelling evidence that a CCO is demanded. If he cannot find clear and compelling evidence, the default judgement is “return to parents.” Readers, no compelling evidence was found, and were the children returned? NO!

CHRISTIE'S FINAL SUBMISSION installment 9 Sergent, Gardiner and Alexander / 499

On Friday we published points 21-26 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is a public document. This is the ninth installment in a brief series of quotations.

Today in Christie's own words, here are... Submissions and Analysis, points 26-29 continued ….

CHRISTIE'S FINAL SUBMISSION installment 8of10 Profiles of Paul and Zabeth / 496

Paul and Zabeth Bayne spent 2010 in court trying to prevent MCFD from taking forever, their three children who were removed on October 22, 2007. The judge did not return their children to them but let MCFD keep the children for 6 more months. Doug Christie is their legal counsel.

Yesterday you read points 18-20 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation delivered on Nov 4, 2010. This is the eighth installment of quotations from this public document. Submissions and Analysis, points 21-26 in Christie's own words…. "Mr. Jensen tries to facilitate and to be conciliatory."

CHRISTIE'S FINAL SUBMISSION installment 7of10 Berhe, Humeny, Glen / 495

New to this? Paul and Zabeth Bayne's 3 children have been in court ordered foster care since Oct 22, 2007. On March 2, 2011 a judge ruled ongoing care for 6 more months (recently altered to 3 months).
Lawyer Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation was delivered on behalf of the Baynes on November 4, 2010. Yesterday you read points 15-17 and today in Christie's own words, it is.... Submissions and Analysis, points 18-20 beginning, "First the testimony of team leader Mr. Berhe Gulbot." This is the seventh installment in a brief series of quotations from this public document. 

CHRISTIE'S FINAL SUBMISSION installment 6of 10 Contesting Jensen's Summary / 494

If you are new to this, Paul's and Zabeth's 3 children have been in court ordered foster care since Oct 22, 2007. After a 2010 court case, they were told on Mar 2, 2011 it would be another 6 months of care (now corrected to three [3] months.)

Yesterday we published points 11-14 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. This is a public document, delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is the sixth installment in a brief series of quotations.

Yesterday I quoted Mr. Christie's Submissions and Analysis points 11-14. Today it is....
Submissions and Analysis,  ….points 15-17 beginning, "Mr. Jensen claims that the director’s medical witnesses are part of an unbiased team...This argument does not hold water."

CHRISTIE'S FINAL SUBMISSION installment 5of10 Speaking to Jensen's Summation / 493

Paul and Zabeth Bayne were in court in 2010 defending against the Director of Family and Child Services application for a CCO, ongoing care of the Baynes' three children. This is the fifth installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document. No ban was placed on court presented material.

Yesterday I quoted Mr. Christie's Submissions and Analysis points 8-10. Today it is....pts 11-14  beginning, "From the start of their experience with the Hope staff, the Baynes experienced aggressive behaviour."

CHRISTIE'S FINAL SUBMISSION installment 4of10 Options for the Judge / 492

The case is Paul and Zabeth Bayne in opposition to the application by the Director of Family and Child Services with respect to the ongoing care of the Baynes' three children. This is the fourth installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document. No ban was placed on court presented material. The judge considered this submission in coming to his final conclusion presented on March 2, 2011.

On Friday I quoted Christie's Submissions and Analysis points 5-7.  Today it is... points 8-10 discussing possible options for the judge's ruling.

REPORT OF THE HEARING RE: JOSIAH CUSTODY

Acknowledgement: Four individuals supplied me with accounts of Friday's court proceeding. Thank you.

Surrey Provincial Court Building Entrance

Preface: This was a hearing specific to Josiah Bayne, who is now several weeks old and who was removed from his parents' custody on the day of his birth February 10, 2011. His three siblings are the subject of a case that was decided on March 2, 2011 with an outcome that they remain in foster care for six months. The case files for all three Bayne children have been transferred from the Hope Team to the Guildford (Surrey) Team and Matthew Walker is now the primary caseworker with the Bayne family. On this day the court was to hear and make a ruling on MCFD's application for an Interim Custody Order for Josiah. Loren Humeny (Hope Office) has been the primary case worker for the past 3.5 years and he was present to give testimony. Paul Bayne whose failure to testify during the 2010 court case was noted by Judge Crabtree, did testify today, as did Zabeth. Doug Christie was present to represent the Bayne family.

CHRISTIE'S FINAL SUBMISSION installment 3of10 Evidence and Offender Profile / 491

The case is Paul and Zabeth Bayne in opposition to the application by the Director of Family and Child Services with respect to the ongoing care of the Baynes' three children. This is the third installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document. No ban was placed court presented material. The judge considered this submission in coming to his final conclusion presented on March 2, 2011.

Yesterday it was Submissions and Analysis points1-4, Today it is points 5-7 ….