RAY FERRIS, ADVOCATE AND FRIEND PASSED AWAY

RAY FERRIS – It is with personal sorrow that I inform you that Ray Ferris passed away on Wednesday December 4, 2019. Ray was in his 90^th year. He and his wife Jeanne lived in Victoria, B.C. News of his passing will be received with sadness by so many people in B.C. and beyond. 

Ray Ferris was my friend and fellow advocate.  Ray was an expert on child protection and specifically the work of the Ministry of Children and Families in British Columbia (MCFD). He was the author of  'The Art of Child Protection." I met Ray in 2008 when each of us became persuaded that injustice was done to Zabeth and Paul Bayne in the seizure of their children. We teamed to assist them recover custody of their four children from the Ministry of Children and Family Development. Zabeth was a champion in her own right. Whereas I was the daily online blogger’s voice, Ray was Zabeth’s resource of knowledge about the MCFD, and the legislated ACT that governed it. With Ray’s data, lawyer Doug Christie came alongside the Baynes, and was able to obtain a judge’s decision in favour of the Baynes. In the years that followed the joyful reunion of the Bayne family, Ray and I have continued to receive requests for advice from parents and caregivers whose lives are torn as children are removed. Ray Ferris’ commitment to helping people to navigate their heartbreaking troubles has been beneficial to so many. I miss him already. 

RAY receiving a Justice Award

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.

JUSTICE IN ANY LANGUAGE - THIS IS NOT IT!

For some time a large team of international supporters of Ayn Van Dyk have been advocating for her release from the care of the Ministry of Children and Family Development because we believe that this autistic 10 year old should be at home with her father and her two brothers. We believe that her removal was unnecessary and reactive and uninformed. We believe that having separated her from the father she loves for six months now is not in her best interests. Some weeks ago we articulated our message in several languages (English, Chinese, Italian, French, Polish, German) and these are available and being broadcasted.  THIS IS NOT JUSTICE

LISTEN TO THE CHILDREN / Part 355 / For Love and For Justice / Zabeth and Paul Bayne

Listen to the Children

I am advocating for three children taken as an infant, a toddler and a small boy, the eldest of whom is now six years of age and each of these children in the same family have been outside their parental home for exactly three years. Children have memories. Some memories are indelible. The two oldest children have recently had many memory buttons pushed as they have been permitted by a Judge's order, to have visitation with their parents in the parental home for six hours each Saturday. These children have been thrilled to see familiar items, furniture, toys. Despite the change of houses in the children's absence, there are sufficient reminders of a home life to which these children are responding with longing for permanency. The regional Ministry of Children department should be gratified by the high comfort level these children have with their birth parents. That will be the just response. Social Workers whose interest is acknowledged to be in the child's best interests should be pleased with this strong indication of compatibility between children and parents and the home environment. That will be the professional response.

We are well beyond this point already in this case, but the social workers and supervisors associated with the Bayne file should be trashing their previous risk assessment of Paul and Zabeth, and taking a fresh, transparent look at these parents and their children and their family and home. Among the thousands of cases MCFD handles each year in British Columbia, the Bayne family stands out as one with incredible promise for success and happiness. MCFD should be pleased to say to the Bayne family, “We wish you well.”

But “It's before the courts.” Yes, indeed it is. MCFD made sure of that, but only after almost three years had passed. It should not have come to this. The Baynes should not be on pins and needles now, waiting to learn whether or not these three children will have their hopes extinguished and their memories forever scarred. It should not have come to this, and the Baynes are not to blame, certainly not the children, and arguably not the parents. Paul and Zabeth will not harm their children. Paul and Zabeth did not harm their child in the past. That's what they said – three years ago in 2007, and in 2008 and 2009 and still in 2010. No evidence exists to contradict that testimony.

We are in an awkward time here, a disgusting period of waiting for a judicial response to legal presentations wherein these parents have been compelled to defend their entitlement as the parents of these three. No effort and no amount of words were spared to convince a judge that Paul and Zabeth had forfeited their rights to parent these children. It was ugly. It is ugly.

Listen to the children. “Can we stay now?”

OPEN LETTER TO BRUCE MCNEILL / Part 174

April 22, 2010

Mr. Bruce McNeill, Director of Practice, MCFD Fraser Region

Mr. McNeill,
I respectfully submit an appeal to you today on behalf of Paul and Zabeth Bayne and their three children.

You are fully informed that Paul and Zabeth Bayne are presently involved in the hearing before Judge Tom Crabtree in which Mr. Finn Jensen, the Ministry of Children and Family Development counsel is seeking to obtain for you a Continuing Care Order for all three children. Mr. Jensen has nearly completed the Ministry’s presentation and now you and the Baynes are waiting for available court dates when the hearing will conclude with the Baynes’ lawyer, Mr. Doug Christie’s presentation of witness testimonies, evidence and conclude the hearing.

Most certainly Judge Crabtree understands this case. He understands that your team has held all three Bayne children in care for almost the entirety of two years and six months. He recognizes that the Ministry’s case is built upon a commitment to a disputed medical diagnosis of non accidental shaking induced injury to the youngest of the three children and that no evidence exists of injury or potential risk to the two older siblings. He is aware that no criminal charges proceeded to the Court with respect to the injuries of the youngest child. He appreciates that you have chosen to disregard your own counsel’s recommendation to return the two older children to the Baynes – a recommendation that Mr. Jensen conveyed to you because in his opinion there is no evidence to keep them and that he cannot win a case to retain them. These are reasons why even before the hearing proper has concluded; his Honour permitted Mr. Christie on behalf of the Baynes to submit to him their application for a variance of the original Interim Order of Dec 14, 2007 which placed the three children in Ministry care. The Baynes have asked the Judge for the return of the boys to their custody.

On April 29th 2010, Mr. Jensen will have opportunity in Court to express the Ministry’s objection to this application.

I knew Paul and Zabeth Bayne nine years ago when they were active in the church that I pastored. I enjoyed the privilege of officiating their wedding ceremony. I know them as deeply committed people of faith, hard working individuals, highly principled and enjoying a good reputation with hundreds of people. Their conscientious efforts to recover their family are understandable as is the significant support from friends and acquaintances who advocate for them. I myself have written daily blog posts to tell their story. This letter is posted today and copied to others.

I acknowledge your position and role within the Fraser Regional MCFD and your oversight of this highly publicized case. My sincere appeal to you today is to instruct your lawyer Mr. Jensen, to convey to Judge Crabtree on Thursday, April 29th, 2010 that the Ministry will not object to the immediate return of the two Bayne boys to Zabeth and Paul Bayne.

Sincerely,
Dr. Ron Unruh

On April 27, Mr. McNeill responded to me..

Dear Mr. Unruh
Thank you for your e-mail note.
Due to privacy concerns and the fact that this matter is before the Court it would be inappropriate for me to comment on this matter, but I do appreciate your interest and your concern for this family.
Yours truly, Bruce McNeill, Executive Director of Practice, Fraser Region

Zabeth and Paul Bayne – Part 49 – The Bayne Campaign for Justice

3rd of 3 Sets of Quotations from Bayne Advocates

“The Ministry of Children and Family Development is holding the children for too long for no legitimate reason. Holding the children this long is in violation of the law. The law stipulates that the TOTAL PERIOD for a child under 5 in the temporary custody of “MCFD” MUST NOT EXCEED 12 months. (S.45(1)(a) of the Child, Family and Community Service Act).”

That is what one of the signers wrote. It is reflective of so many for whom the action of the MCFD in keeping children away from two good parents for two years is reprehensible. Here are some comments from other people.

“I have 2 friends who are going through this very thing, and BOTH cases of suspected SBS were right after the child received immunizations. I think Hep B. Something to look into. Dr Yazbek does studies on this.”

“This family is going through so much and deserves to have their children back. Agencies jump too quickly on cases like this. There are many cases that should be addressed that are ignored. Child abuse is a serious thing...but jumping to conclusions seems to be commonplace. I have a sister going thru the same thing right now and she is sitting in jail wasting time and has not seen her children for a year now. All facts need to be considered in cases like this. The children are being punished for something their parents did not do.”

“Please return the 3 children to their birth parents. That is of the most benefit to the children. It is terrible to let the 3 children suffer so much with just some misunderstanding or misjudgment.”

“This is an OUTRAGE!!!”

“Valuable time has already been lost for this family. I trust that the right thing will be done and the Bayne family can be reunited.”

“Heartbreaking....give this family their lives back.”

“What has always appalled me about this case is the blatant disregard that individuals in the BC Ministry of Children have for the laws which govern their own behaviour within that Ministry. Further, the lack of action on the part of the elected officials who have learned of this disregard is very disappointing. If we do not stand with others through their trials of injustice, who will stand with us when they knock on our doors?”

“I pray for the parents to get their loved ones as soon as possible. We have been through the mess with the social workers of MCFD. I know how the family feels. With the idea to protect the children the system is against the principal international core of law which is everyone is innocent till proven guilty. With MCFD you are guilty until proven innocent.”

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