Friday, February 18, 2011

Court Hearing Postponed / Part 440 / For Love and For Justice / Zabeth and Paul Bayne

In a follow-up comment on my same blog post of a couple of days ago, confidant, advisor and advocate to the Baynes, Ray Ferris provided an update to the scheduled court hearing regarding Josiah. Please don't misunderstand but catch Ray's sardonic turns of phrase.

Ray Ferris said... "OOPS! OOPS! OOPS! TRIPLE OOPS!

HERE IS THE VERY LATEST ON THE BAYNE CASE'

"When the MCFD rushed in to snatch the Bayne baby on Feb 10th, they locked themselves into having to go to court and file presentation papers within one week. The case was set down for hearing this morning in the Surrey court. Conspicuous by his absence was the worker who swore the affidavit. This means that he could not be questioned on it.When the Baynes got to court they found that the director had already arranged to have the matter adjourned to Feb 24. The judge refused to let the Baynes speak, so once more the system is stacked against them. The judge did say that she recommended the case should be heard by Judge Crabtree, so someone is listening to me. Now I will tell you what is really happening here. The answer is simple DAMAGE CONTROL.

You see it goes something like this. When director Bruce McNeill spent months and years trying to decide whether to follow his lawyer's advice to return the Bayne kids, he painted himself into a corner. If he backed out after all that time he would look bad. No matter because the Baynes had no more money for lawyers and would be defenceless. Then that darned Doug Christie ruined all the plans and people were saying unkind things on the Ron Unruh blog. People are so heartless you know. Then that wretched Bayne woman makes life even more complicated by getting pregnant again in the middle of the trial. Not only that it was a planned pregnancy! How could she do that to him? In defence of Mrs.Bayne, she feels that she has a lot of mother love to give and she always wanted another child. Nobody could believe that the trial would go past September and she would be delivered long after it was over.

Anyway, this left poor Bruce McNeill with a terrible dilemma.How could he possibly rant on for three years that the Baynes were totally unfit parents and then ignore this new child. He must show stern resolve and remove it at birth. If he did not, he would look weak and nobody would respect him. However, he is of course a man of profound compassion and he sought a way out for himself and the baby. If the parents would would work diligently and sincerely with his staff and allow them to help her with her pregnancy, then they might be able to agree on a parenting plan which would avoid apprehension and also demonstrate his benevolence. This might have worked fine if that dreadful man Ray Ferris had not interfered and Ron Unruh had not backed him up. He actually told Mrs. Bayne to have no contact with him (the Director) or his staff because it would put too much stress on her during her pregnancy. What a terrible thing to say and that wounded him deeply. What choice did that leave the poor fellow but to apprehend at birth?

So he summoned his trusty obedient servant Mr. Darth Humeny and said "Go to that hospital, grab the Bayne baby and do not come home without him." So Humeny jumped onto his black stallion, and galloped off to the Royal Columbian Hospital. He stormed into the nursery, spurs jingling and loudly announced that he was apprehending the Bayne child and that from now on he was Josiah's daddy."
February 17, 2011 4:14 PM

"He paused only to drop by Zabeth's room and tell her what he had done.He asked her to understand that he was only obeying orders. Oddly enough, Zabeth was not in the mood for a chat.

He next went back to the nursing station and asked how soon he could come in with a foster mother to pick up the baby. It was only then that he found out that Josiah would take at least a couple of weeks to gain the necessary weight. OOPS! DARN. If only he had thought to ask on the way in. He could have phoned the boss for instructions, but now he had announced that Josiah was in care and he could not back out. The best that he and the boss could come up with was to try to see how they could restrict access to the Baynes in the special care nursery. Obviously the best thing for Josiah was mother's milk and the medical staff favoured breast feeding. Because he was so small Baby Bayne had to drink expressed milk for a few days. Bingo!

They put a ban on expressed milk. These dangerous parents would probably poison the bottle.

They seemed to be back in control, but all hell broke loose. Facebook news travels fast. Soon the Rep for children and youth was being swamped with letters. Members of the legislature were getting an earful and so was the minister and the deputy minister. I was writing to everyone pointing out that there had been no less disruptive plan explored as requred by law. The child would be perfectly safe until Judge Crabtree ruled at the end of the month and the parents had unrestricted access to their baby and he was bonding with his mum.

Humeny that he could salvage the situation, by simply withdrawing his complaint and making up the sort of feeble excuse that they do so well.

So this morning's court was an exercise in damage control. Everybody was saying to the director that he should get out of this before he did any more damage. Of course Bruce could not risk losing face by withdrawing the complaint, so he dashed off to his trusty lawyer, pleading for rescue. The lawyer did what all lawyers do when they are in a jam. You ask for an adjournment. So they got an adjournment with no change in the status quo. No interim custody order of any sort. Legal limbo. Judge Crabtree has given himself until the end of February to announce his ruling. There are only two more working days left after the scheduled court date, so it is virtually certain that the ruling will be out by then and all will be resolved. If the ruling is against the ministry there will be a media storm and this last piece of stupidity will be buried in the waves.

If only McNeill had listened to me in mid December when I urged him to be cautious and not to move before Judge Crabtree's ruling. If only Leslie Dutoit had followed my request to her to urge prudence on her director. As the due date drew nearer, I urged them again to be prudent. This reckless action gained them nothing and only added more difficulties for the Bayne parents When the Baynes are so distressed, all their supporters are also distressed."

February 17, 2011 4:19 PM

Robert Freeman of the Chilliwack Progress / Part 439 / For Love and For Justice / Zabeth and Paul Bayne

Robert Freeman, journalist/reporter for the Chilliwack Progress has written a piece about this recent seizure of fiver hour old Josiah. After you read this, offer Mr. Freeman a word of appreciation at the email address he publishes.

Newborn taken from Hope couple

By Robert Freeman - Chilliwack Progress
Published: February 16, 2011 4:00 PM
Updated: February 16, 2011 4:55 PM

A premature baby born to former Hope couple Paul and Zabeth Bayne was removed from their care by the B.C. child and family ministry last Thursday.
"We're just devastated," Zabeth Bayne said in a telephone interview from her hospital room the next day.
"It was a traumatic and cruel experience, the way it was done," she said.
Ministry officials declined comment because the case is before the courts, but in an email explained that in any child protection case, the ministry's first priority is to make sure the child is not in danger.
"If it is deemed that a child needs protection, (the ministry), through its legislation, must go before the courts within seven days," the ministry said, where a judge will decide if the child should remain in ministry care or be returned to the parents.
But to the Baynes - and to supporters who contacted The Progress - removing the baby born prematurely put his health and safety at risk and robbed him of the chance to bond with his mother.
"How is this in the best interest of the child?" supporter Rachel Kragh asked in an email. "Anyone with an inkling of a brain knows that a baby needs that bonding time with his mom, especially if he is small and earlier than most normal births."
The Baynes' baby boy weighed in at 3 lbs 15 oz when born at 6:30 a.m. Thursday.
Zabeth Bayne said she pleaded with the social worker to let the baby stay with her until he gained weight.
"But (the social worker) said he had orders from above that he had to remove the baby from us," she said.
The couple, who now live in Surrey, have been in a much-publicized court fight since 2007 with the ministry for the return of their three older children after allegations were made that they had shaken a baby daughter, causing brain injury.
The couple claimed the child was injured after an older brother, a toddler at the time, tripped and fell on top of her.
Chilliwack provincial court judge Thomas Crabtree is expected to make a ruling on the case sometime this month.
Supporters of the couple accuse the ministry with dragging out the court case because the Baynes embarrassed officials by going to the media with their story.
rfreeman@theprogress.com

Josiah's Status / Part 438 / For Love and For Justice / Zabeth and Paul Bayne

I am back. I have been out of country for three weeks. Out of touch and uninformed, and shocked as many of you have been with the most recent pain inflicted upon the innocents. Having just returned after 20 hours in flight transit, I am needing to settle back and catch up and then get back to talking with you about Paul and Zabeth Bayne's continuing agony.

Ray Ferris, a confidant and advisor to the Baynes has written several comments to the post I wrote just two days earlier. The first of these helps to quell the distress and at least place this assault within some understandable framework. I am pasting here for you.

Ray Ferris said...: Welcome back Ron; you have been sorely missed. You have rightly used the verbal scourge, so more from me would be superfluous. I will heed the legal term "res ipse loquitor" and let matters speak for themselves. Here are some facts.
1.Baby Josiah was born very small and must remain in the special care nursery until the end of February.
2. He is perfectly safe in this environment and his parents have unrestricted access to him
3.The physicians want Mrs. Bayne to breast feed her son and this is in his best interests, so she must have complete access.
4.Obviously the child is already in a safe and non-disruptive situation and no action is necessary.
5.The ministry has had an action against the other Bayne children for the last three years and all evidence was completed by August 13,2010.
6.Provincial chief judge T. Crabtree was the trier of fact in the case and he has said that he will make his ruling before the end of February.
7.There is no new evidence on Josiah Bayne and the only evidence that the director can claim to have is directly linked to the case on the other children.
8. Should his honour Judge Crabtree rule against the director, their case about Josiah will collapse.
9.Knowing that baby Bayne was in a perfectly safe environment, the social worker could have and should have awaited Judge Crabtree’s ruling before taking any further action. To do otherwise is unnecessary, hostile and a waste of court time.
10 As Judge Crabtree has heard many days of evidence about the Bayne family, he is very familiar with all the circumstances. It is obvious that he would be the most suitable trier of fact for Josiah. He might well wish to reserve the case to himself if told about the situation and he should have been asked if he wanted to be seized. The director had ample time to do this and can still do it before Josiah is discharged from hospital.
11 Under the circumstances the apprehension was not needed and interim custody to the director is not warranted. The child can quite safely be left in the custody of his parents and the judge should so order. The situation can always be reviewed after Judge Crabtree rules.
NOTE WELL. Humeny must swear an affidavit and a check box will show that no less disruptive plan was available. This is simply untrue and he did not even consider the matter. If he swears to this it will be tantamount to perjury. I will have much more to say later.; February 17, 2011 9:55 AM

Wednesday, February 16, 2011

COURT TOMORROW / Part 437 / For Love and For Justice / Zabeth and Paul Bayne

Mary-Ellen Kragh has written... Please come out and support Paul and Zabeth as they make a court appearence this Thursday Morning (Feb. 17, 2011). It will be at 9:30 at the Surrey Courthouse (14340 - 57 Avenue, Surrey, B.C.).

This is regarding Josiah's Custody.

I AM APPALLED / Part 436 / For Love and For Justice / Zabeth and Paul Bayne

I am appalled to learn that just hours after Josiah's birth into this world, the director of MCFD social workers for Chilliwack ordered the case worker to take authority of Josiah.

I have been on the other side of the globe, without communication and therefore unable to engage this story, personally sympathize with Zabeth and Paul or express myself to Bayne supporters and to MCFD practitioners. I am grateful to all of you who have contributed comments to the Bayne Campaign Facebook page and to numerous other websites that have carried this distressing story.

It is certainly within the parameters of the director's authority to do what he did. However, from an emotional standpoint I view it as 'criminal'. But he was legally supported. Nevertheless, it is nothing short of 'slander' to infer that Paul and Zabeth are a danger to this infant for whom they have been eagerly waiting. On the morning of his birth, it was a virtual thievery of their joy to have that custodial interruption - the epitome of heinousness and stupidity. Heinousness because it suggests that all child protection is heartless, cruel and malicious. Stupidity because it will serve to castigate the director and his piteous employees in the public opinion but also fuel a judge's determination to make an example of this inept crew. I would love to write something commendable about public servants but how can you with this behaviour.

This is power gone mad. This is protocol without good judgement. What must some of you child protection workers be thinking of your superiors when you are required to follow orders that violate conscience and good faith.

I heard of other similar stories but naively believe it couldn't happen here. The Baynes are one of nicest couples one can know. Their case is high profile. The director did not need to do this. He will defend his action as imperative. He cannot do otherwise when his affidavit alleged that the Baynes are a risk and that is why he wants the Judge to give him control of the other three forever. So this deplorable, absurd, unreasonable apprehension of a baby is what was done to Zabeth and Paul.

That Mary Polak and Leslie du Toit have maintained solidarity with this director's case handling puts this entire ministry further under the darkest cloud of suspicion of ineptitude. Don't tell B.C.'rs that transformation is the goal of MCFD. It is tainted.

Comment if you care to do so...