Monday, May 30, 2011

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 Finn Jensen is no longer active in the Bayne case.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.

The Baynes interview and observation sessions with Dr. Conrad Bowden continue. They have each spent many hours with him in individual sessions, and together. He has been in their home and he has sat through hours of parents’ visitation time with the children. He will have seen how this family of six interact with one another, how they play, eat meals, and engage one another. The children have been comfortable with Dr. Bowden during his time in a family visit setting. He has acquainted himself with all of the MCFD file material concerning the Baynes. He has faced the Baynes with questions that the MCFD requested that he pose to the Baynes. As many of us have ourselves concluded with regard to the Baynes, I have reason to believe that Dr. Bowden has been suitably impressed with the strength, sincerity and transparency of their relationships in spite of this excessively long time apart from one another.

It is expected that Dr. Bowden will have his report completed by mid July at which time the Ministry will seek a mediation with the Baynes which may be some weeks after that report submission. Rather than to wait until that undetermined date, Lawyer Robert Hamilton has arranged a Case Conference in July that will be presided over by a judge who listens to both sides and acts as a mediator but does so with authority. That is the best scenario at the present time.

This has gone on long enough. The temporary care order by Judge Crabtree was to conclude June 2, 2011. To accommodate to the time needed for the Bowden report and other supervisory aspects, the Ministry received a three month care extension in court last Thursday. That term takes this case to the beginning of September, and close to a fourth anniversary that the children have been out of the Bayne home. Nothing to celebrate from the Baynes' perspective. Perhaps the Case Conference can interrupt that continuing horror.

The Baynes, Paul and Zabeth are conscientious, good mannered, mature, intelligent, industrious, tender hearted, generous, sociable, networked by strong friendships, committed to one another, committed to the welfare of their children and this is not a family for which the Ministry needs to be concerned any longer with regard to the safety of their four children. Let them get on with the rest of their lives.

8 comments:

  1. We're so very glad to see that Doug Christie, who has given so much, has now been able to get the assistance of Robert Hamilton as well for the Baynes case!! Excellent people surrounding is a tower of strength!

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  2. There sure are a lot of people making a lot of money off the misery of this one family. Thank goodness there are people like Doug Christie to help fight this terror.

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  3. MCFD has contracted Mr. Hamilton in the past.
    It should be noted that the oft-quoted "Ten Percent" risk from the Court of Appeal case quote came about from the case while he was the lawyer for MCFD.

    http://www.canlii.org/en/bc/bcca/doc/1998/1998canlii5958/1998canlii5958.html

    While this type of experience on both sides of the fence might well be a testiment to the level of experience Mr. Hamilton has, one might assume that perhaps a fight against MCFD might not be as vigourous as might be required to set a precident useful for families who have been aggressively victimized as the Baynes have been.

    The appeal has been filed against Crabtree's decision; this could certainly be fought, but I have not heard anything about this.

    MCFD does have more money for hiring the best legal talent, so one can't expect such a lawyer working within a large law firm to be burning the bridges too thoroughly by winning against a potential returning client.

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  5. Viorica,
    You have written your story as a comment to a very old 2011 blog posting, and if you find this response, I want first of all to thank you, and then to ask you to cut and to paste the same comment in the most recent blog posting that you find in June 2013.

    If you care to, you can write a but more to explain your situation.

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  7. I will write to you privately Viorica, and I am removing your last two comments from here because of the personal contact information you have left in the open that you may not really want to be there, as well as the names of certain professionals about whom you make certain claims.

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