Corrections commissioner never mentioned Bernardo transfer over months of conversations: Mendicino
Correctional Service of Canada said it followed protocol to notify minister's office
Public Safety Minister Marco Mendicino says the Correctional Service of Canada's commissioner Anne Kelly never mentioned in advance that serial killer Paul Bernardo could be transferred from a maximum to medium-security prison, even though they spoke frequently over the months leading up to the move.
The comment comes after CBC News asked the government how often Mendicino and his office spoke to the Correctional Service of Canada (CSC) prior to Bernardo's controversial transfer.
Mendicino said Wednesday he meets with Kelly on "as-needed basis" which works out to "probably once every week, once every two weeks." He said Kelly never mentioned Bernardo's upcoming transfer during those meetings before the transfer was completed on May 29.
"We do have frequent briefings," Mendicino said. "But what's clear is that I was not personally briefed about the Paul Bernardo affair until May 30."
Since last week, Mendicino has faced repeated calls from the Conservatives to resign over his handling of the case. CBC News first reported that when Mendicino called the decision to transfer Bernardo "shocking and incomprehensible," his office actually had known about the potential transfer for months.
CSC said it followed its existing protocol and told Mendicino's office by email on March 2 and again on May 25 about Bernardo's transfer. But Mendicino maintains his staff didn't tell him about it until May 30 — a day after the transfer.
CSC confirms the decision to reclassify Bernardo and recommend his transfer to medium security was made on Feb. 13, while the decision to transfer him was made on March 27.
Mendicino's office confirmed its staff also spoke regularly with CSC staff during calls that happened roughly twice a month from February to May, but didn't discuss Bernardo.
Bernardo's transfer "was not brought up during those biweekly meetings," the minister's office said in a media statement to CBC News on Wednesday.
CSC has said it has an "established process for advance notifications about high-profile offenders" and it followed its process in this case.
"This is consistent with other operational departments, where operational matters are case-specific," CSC said in a media statement issued to CBC News on June 15.
Lawyer Tim Danson represents the families of Kristen French and Leslie Mahaffy, who were raped and murdered by Bernardo. He said if it's true that Kelly failed to mention Bernardo's transfer, there needs to be an explanation and questions raised about whether people should be keeping their jobs.
"In the legal world, sometimes an omission is more deadly than an admission," Danson told CBC News. "This means the minister was effectively misled. And absent of an amazing explanation, there's got to be consequences."
Danson also said Mendicino had "every right to expect that such a critical and serious matter" of "enormous public interest" would be disclosed to him by the commissioner.
Mendicino said he spoke to Kelly for the first time about Bernardo's transfer when he called her on June 5 — almost a week after he said he was briefed on the transfer.
WATCH/ Mendicino questioned about legal fees for Bernardo's victims
On Tuesday, CBC asked CSC how often it meets with the minister and his office and whether CSC staff ever verbally raised Bernardo's transfer during regular meetings ahead of the transfer. CSC has not yet replied.
Conservatives in the House of Commons and Senate criticized the Liberal government's handling of the file Wednesday.
Conservative Leader Pierre Poilievre asked Prime Minister Justin Trudeau if he would get drop Mendicino from cabinet.
"He is incompetent," said Poilievre. "Will the prime minister fire him, yes or no?"
Trudeau said prison transfers are independent decisions made by the CSC.
"We know how difficult this decision is for the families of the victims and share the deep concerns Canadians have been expressing," said Trudeau.
WATCH/Poilievre asks if Trudeau will fire 'incompetent' public safety minister over Bernardo transfer
Conservative Senate Leader Don Plett questioned how the Trudeau government has treated the victims' families.
Plett pointed to the Justice Department's legal team asking the French and Mahaffy families in 2021 to pay legal expenses tied to a federal court case. The families were pushing in Federal Court for access to Bernardo's files with the Correctional Service of Canada and Parole Board of Canada.
The government asked the families to pay $19,142.27 to cover Canada's legal costs in the case. The families lost the case and the judge ordered them to pay a reduced amount: $4,000.
"This is so shameful and so horrific that these families have been tortured by this government," said Plett.
Danson, who represented the families in court, said the government didn't end up making the families pay the $4,000. He said the Justice Department waived the legal bill right before the case went to the Federal Court of Appeal in 2023.
Danson said he believed the government didn't make the families pay up because he planned on raising another matter in court that could have embarrassed the government.
CBC News also requested access to Bernardo's records and had its case heard in court at the same time. The government and CBC News agreed in advance that whoever won the Federal Court case would get $5,770 to cover legal fees. Danson and the CBC are waiting to receive a decision from the Federal Court of Appeal about accessing the documents.
A three-person review committee is reviewing the decision to transfer Bernardo. The review expected to wrap up its review of Bernardo's transfer within the next week.
Mendicino said Wednesday that "the most important thing" is that he will issue a ministerial directive to ensure he's notified directly and in advance of high-profile offenders' prison transfers.
He said the directive, which is still being drafted, will also make it mandatory for victims' families to receive advance warning. Mendicino's office has not said how much advance warning will be required.
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With files from Catherine Cullen