SHOULD YOU AGREE TO MEDIATION?

Your child may have been removed from you by the Ministry of Children and Family Development (MCFD) in British Columbia. You may sincerely believe that the removal was unjustified. You may feel that you have valid reasons to contest the actions of the Ministry. You are entitled to your day in court so to speak. It is not unusual for MCFD to seek to establish a Mediation agreement with you that disposes with court proceedings.

It is important that you think carefully before agreeing to this.

You can inform the Ministry of the following:

1. It is my right to have legal representation and advice in all dealings with the director.
2.I do no wish to commit to any sort of hearing until I have a chance to seek counsel.
3. I have been advised that mediation places a gag order on me. This means I will be unable to consult with some of my advisers and places me at great disadvantage.
4.The mediation cannot be arranged without my consent and I have been advised that attendance is not compulsory.
5. I have been advised that once a person enters mediation it can postpone protection hearings and this has sometimes caused very long delays.
6.When the director filed a complaint with me under the CF&CSA he clearly placed himself in an adversarial position and this is again apparent in the presentation report. He has great power over me under the Act and this would make any negotiations in good faith to be difficult.

I am informing you that I will not attend or participate in the mediation program.

A BOURNE LESSON ABOUT CHILD PROTECTION

That's Ayn, 14 months in custody & away from family

Christine and I and our two great friends watched the Bourne Legacy last night. I loved it and I am eager for yet another sequel. The action riveted my attention and the volume was certainly cranked enough to compensate for my hearing deficit. I am fascinated by the story-line of the Bourne series - a government agency gone rogue. I pay attention to the movie script. One line struck me flat in the face as an explanation for the criminal activity of a government funded, well-resourced, unaccountable, secretive agency. “What we do is morally indefensible and absolutely necessary.” It struck me instantly that this must be the same injudicious rationale used by Child Protection agencies to justify their actions against parents like Derek Hoare and Aime Van Dyk and with children such as Ayn.

In Ayn's case, it is the Ministry of Children and Family Development in British Columbia that is responsible for this indefensible and entirely unnecessary heart-ache.

ALBERTA RESPECTS CHILD IN CARE TIMELINES MORE THAN B.C.

An advocate named Papa InBC speaks out for children and parents whose lives have been turned upside down and inside out by the Ministry of Children in British Columbia for reasons this advocate believes are unjust. Papa InBC has replied to yesterday's blog post which I published and which was written by Ray Ferris. Papa has both a website and a Facebook page.

Here is is Papa's response.

Papa Inbc writes: I'm told Alberta respects child-in-care timelines more than B.C., and that the wait for trial is not excluded from the point a protection hearing grants interim custody based on evidence and testimony.

This would appear to indicate that what MCFD in B.C. is doing is unconstitutional for both parents and children affected, which flies in the face of what is in the best interest of children.

In support of Ray's suggestion, I suggest a class-action lawsuit be initiated on two points, first, non-emergency no-warrant removal, and second, "interim" custody that exceeds the time lines in the current CFCSA Act.

PARENTAL LIBERTY (Part One)

Dispute About Government and Parental Roles

simply an image of a dispaasionate agency leading a child away from family

History tells the story. Historically there has been a vigorous dispute about the relationship between government and the family and certainly with the function and responsibilities assigned to each. Contingent upon the political philosophy, either the family has been seen as servant to the state or the state has been expected to provide for families the required security to accomplish their work as primary caregivers to these citizens of the future.

Tension always exists between the state and its parts. Government institutions should be obliged to be careful to facilitate the function of the family without usurping its proper role. Of course federal and provincial governments have a role to play to ensure children are not threatened by poverty, neglect or abuse but the state must be careful not to trample on the independence of the family. Theoretically the government exists to aid and assist the smaller units rather than to take over their places in a society.

REASONS TO BELIEVE CHILD PROTECTION SERVICES ARE OUT OF CONTROL / 560

Child Protective Services in British Columbia fall under the mandate of the Ministry of Children and Family Services (MCFD). MCFD responds to reports of child abuse or neglect. Premier Christie has been championing the notion of servicing families effectively since she was elected this year. It remains to be seen whether there will be legs to this lofty promise. Real cases of disenfranchised families interrupted by MCFD in what often appears to be unnecessary severity as in child removals continue to occur and government in Victoria predictably responds with a no comment statement.

IS THERE ANY SIMILARITY? / Part 208 / For Love and For Justice / Zabeth and Paul Bayne/

Another catalyst for conversation and concern. You see, this bothers me. I watched this. I will allow this video to speak for itself but you will have to take the time to click and watch it. Granted, it speaks to cases and jurisdictions removed from our Pacific turfside home so my question evolves like this. This report begins with a social worker speaking out. She lost her job because she refused to cooperate with a directive from her supervisors to place a child in a high risk care facility.It proceeds to telling stories about retaliatory actions by child welfare against parents who oppose publicly what the welfare agency is doing. Are some of those reported abuses and repugnant motives and conduct cited in this video news clip happening within our own B.C. system of child care and protection? I'm asking. If so, don't you think that some social workers must become whistle blowers. And about what will they blow their whistles? As for our journalists at Global, CBC, and every news organization in the province, we have to trust that will prioritize these whistle blowing stories relentlessly to generate the needed changes.

THE OPPORTUNITY TO HELP IS EXTENDED For Love and For Justice/Part 128

A few days ago after speaking with the Trustees of the 'Bayne Trust Fund,' I published an invitation similar to this one. Paul and Zabeth don't need sympathy. They need compassion. While they endure these difficult weeks and months, they are making themselves available to other struggling people by listening, walking with, being friends. In the past two and one half years they have spent tens of thousands of dollars in this effort to regain custody of their three children. Some of you may be in a position to help them financially.

The Joint Trustees of the Bayne Trust Fund have notified me today that the funds, several thousand dollars that were acquired primarily from a January Piano Concert by Zabeth Bayne, have been exhausted through court costs to date. The Campaign for Love and for Justice is in immediate need of further funding from compassionate partners. Their defence is contingent upon additional funding.

Three Joint Trustees were appointed to set up and to manage a Bayne Trust Fund with a Chartered Bank, and the Fund is compliant with all legal requirements of Canada Revenue Agency and is governed in accordance with the law of the Province of British Columbia.


Donations will be accepted by deposit to this trust account at any branch of TD Canada Trust.

TD Canada Trust [bank # 004]
Continental Centre Branch [branch # 9713]
Account Number [6415554]
Cheque or Money Order should be made payable to: "Charter Lau, Kenny Chiu, Marvin Hunt In Trust For Paul and Zabeth Bayne" ; OR "Lau, Chiu, Hunt ITF Bayne"

Cheque or Money Order can also be posted to:

Lau, Chiu, Hunt in trust for Bayne
9406 Pauleshin Cres, Richmond, BC V7E 6P2

Thank you on behalf of Paul and Zabeth and their children,
Dr. Ron Unruh