Corrections Canada could have given victims' families earlier warning of Paul Bernardo's transfer: report
'I regret any pain and concern this transfer has caused' — corrections commissioner Anne Kelly
A review committee has concluded there was nothing stopping the Correctional Service of Canada (CSC) from giving victims' families advance warning of serial killer and rapist Paul Bernardo's prison transfer.
The committee also concluded that decisions Corrections Canada made regarding Bernardo's security classification and transfer from a maximum to medium-security prison "were completed in compliance with legal and policy frameworks."
Correctional Service of Canada commissioner Anne Kelly presented the results of the review on Thursday. She said the committee concluded that while the decision to transfer Bernardo was "sound" and the corrections agency "went above policy in this case to notify victims, additional steps could have been taken to provide more information."
"We contacted all of the registered victims prior to this announcement, and I spoke directly to those wishing to be walked through the findings," said Kelly.
"What they have gone through is unimaginable. Public safety, and their safety, continues to be top of mind for us in any decisions we make. Hearing about this case so intensely over the past weeks has brought up strong emotions, and rightly so. I regret any pain and concern this transfer has caused."
Bernardo is a dangerous offender serving a life sentence with no chance of parole for 25 years for kidnapping, torturing and killing Kristen French and Leslie Mahaffy in the early 1990s near St. Catharines, Ont. He was also found guilty of the manslaughter and sexual assault of his 15-year-old sister-in-law Tammy Homolka.
Bernardo was quietly transferred on May 29 from a high-security prison in Ontario to a medium-security prison in Quebec. Experts say the move means Bernardo might not send as much time in his cell and could associate with other inmates and attend group therapy sessions. They've also said the transfer does not elevate his escape risk.
In response to public outrage, Kelly's department in June tasked a three-person review committee with determining if Bernardo's transfer was appropriate, if victims were given enough consideration and if all policies and rules were followed.
Victims' families were first notified of Bernardo was being moved the morning of his transfer. Their lawyer has said the lack of advance notice caused his clients emotional distress.
"The Review Committee concluded that while notification adhered to what was required by policy … there was likely room within the realm of what is permitted by policy to have ensured greater care, sensitivity and compassion in delivering news of the transfer to victims," the report said.
The review committee's report recommended that CSC share the report's findings with registered victims and that Kelly launch a working committee to improve its practices on engaging victims and sending out notifications within her department about high-profile offenders.
Kelly said she fully accepts the recommendations.
She said the correctional system in Canada is based on the rehabilitation of offenders — even if some remain in prison for the rest of their lives — and it has to balance "public safety risks, secure and humane offender treatment, and victims' rights."
"I want to be clear that, at any point, an inmate can be returned to a higher security level, if deemed necessary, to ensure the safety of the public or our institutions," Kelly said.
Throughout her press conference, Kelly insisted that Bernardo's transfer to a medium security prison would not lead to his release.
When asked if CSC should have shown the victims' families more consideration, Kelly said that the department has "compassion for the victims."
"The fact that he is at a medium security institution does not negate the fact that he is a psychopath and that he committed horrific and unspeakable crimes," Kelly said.
Kelly's report noted that Bernardo scored as a medium risk on 13 assessments dating back to 1999, but that classification was overturned.
In his most recent assessment, which was used to approve his transfer, Bernardo scored as a moderate escape risk, moderate on institutional adjustment and a high risk to public safety, Kelly said.
"Despite being a medium security inmate, he is still assessed as a high risk to the safety of the public. Even after close to 30 years of incarceration he also continues to hold a dangerous offender designation, which was imposed by the court," she said.
Kelly said the medium security institution will keep him as secure as a maximum security prison.
"He's in a cell. It has the same perimeter controls, high fences, armed patrols," she said.
Tim Danson, the lawyer for the victims' families, said he is still reviewing the report but denounced the decision to transfer Bernardo.
"Sentencing is the means by which society communicates its moral values. That equally applies to prison placement," he said in a media statement.
"Sadistic sexual psychopaths who have not exhibited any remorse, empathy or insight into their unspeakable crimes, after being incarcerated for over 28 years ... should never be transferred to a medium security prison."
Danson said the government should look at making legislative changes that would prevent the transfers of dangerous offenders to medium security institutions.
Prime Minister Justin Trudeau said earlier Thursday he was looking forward to reading the review's conclusions.
"Our thoughts have to turn first to the French and Mahaffy families, who continue to live the loss of their daughters so many years ago that still hurts deeply today," he said. "I think the entire country is still reeling from the anguish of these terrible, terrible acts. That's the lens with which we have to go through all these processes."
Conservative Leader Pierre Poilievre blamed Trudeau for the decision to keep Bernardo at a medium security prison. He said the government should adopt a law that would keep mass murderers in maximum security prisons.
"[Bernardo] should never be out of a max security penitentiary. To allow it is an injustice to the victims and their families," he told reporters after the review was released.
Victims' families said they were shocked that Kelly's department only notified them of Bernardo's transfer the morning of May 29 — the day he was transferred.
Danson has said the families should have been warned earlier and should have been part of the discussion before the decision was made.
Public Safety Minister Marco Mendicino has come under fire over his handling of the file, which led the Conservatives to call for his resignation.
In June, Mendicino called Bernardo's transfer "shocking and incomprehensible." CBC News later revealed that Mendicino's office was first notified of the transfer three months in advance, and again days before it happened.
Mendicino has maintained his office failed to tell him of Bernardo's transfer before it was completed on May 29. The minister said last month he's taken "corrective actions internally" and has told his staff that he should have been briefed earlier.
When asked if he still has confidence in Mendicino and if he handled the file appropriately, Trudeau first sidestepped the question before saying he has confidence in his cabinet.
"I have an amazing team in Ottawa and an amazing group of MPs right across the country who are committed to serving their country every single day, and anyone in my cabinet by definition has my confidence," said Trudeau.
On Thursday, Poilievre again called for Mendicino's resignation.
Mendicino last month asked for a ministerial order making it mandatory to notify the minister of public safety and victims' families before a high-profile prison transfer. The minister issued a formal directive Thursday that also requires CSC to notify victims at the start of a transfer assessment process.
"More must be done to ensure victims are at the forefront fo these decisions — and I am determined to see that done," Mendicino said in a media statement following the report's release.
While Kelly said her office followed long-standing procedures, she acknowledged Mendicino's directive.
"My team ensured that the minister's office was briefed and I had assurances that they had been briefed. I cannot speak to what was put in front of the minister but moving forward … I will formally and directly advise the minister," she said.
For more than a decade, the Office of the Federal Ombudsman for Victims of Crime has been calling on the Correctional Service of Canada to notify victims of prison transfers in advance and allow them to share their concerns before the decision is made.
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