Archive for the 'A Miscarriage Of Justice by Adrian MacNair' Category


Adrian MacNair On Bayne vs MCFD

A Miscarriage Of Justice

April 4, 2009 — Adrian MacNair


I caught this on the news last night and quite simply could not believe it. The B.C. government that seized three children from two Surrey parents in September of 2007 for allegedly shaking their baby girl, advised their return as early as November of that year. And yet these parents have been without their three children, essentially stolen by the state and placed into foster care, for a year and a half. The children, two boys who are now aged four and three, and a 19-month baby girl were taken by the Ministry of Children and Family Development because Paul and Zabeth Bayne were suspected of shaking the girl and causing a head injury. The parents insisted that their second son had tripped and landed on their daughter, but the government did not listen. A lawyer acting for the Ministry recommended the two older children be returned due to a lack of evidence of abuse:

Government lawyer Finn Jensen believed the case for holding the two boys would not hold up in court, and John Fitzsimmons, a community services manager, was aware of the lawyer’s position, according to a ministry correspondence dated July 14, 2008.

“[A] medical report of November 2007, completed shortly after the two older children came into care, indicates that there was no evidence of harm of injury to the children,” the correspondence said.

“No new evidence has come to light, which would indicate a risk to these children,” it said.

Jensen’s opinion on the case was that “the director should consider a return of the two children to the parents.”

The two boys and the baby girl have been placed in foster care.

The boys have been in four different foster homes since they were abducted by the state; there’s no telling what kind of mental damage this will have done to the children.

Then, a shocking revelation based on internal documents from the children’s ministry suggests that the daughter may not have been injured by abuse, an accident, or otherwise. The government has been led to believe now that the daughter suffers from glutaric aciduria, a rare genetic disorder that is often mistaken for child abuse.

The parents now work as night janitors so that they can see their children during the day. Delays and backlogs mean they might not get their children back for years yet.

I hope these parents get their children back and sue the government for millions. I wouldn’t begrudge them one cent if they won either. When the state takes the children of a parent, they had better have clear and present evidence of abuse. This is disgusting.



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