Bernardo to remain in medium-security prison after review finds transfer was ‘sound’

Despite inspiring maximum fear and repulsion for his crimes, Paul Bernardo is suited for medium-security prison and will remain in one for now, the Correctional Service of Canada (CSC) concluded after a review into his controversial transfer.

The review, released on Thursday, found that his transfer from Millhaven Institution, a maximum-security facility, to La Macaza Institution, a medium-security prison, on May 29, 2023 was “sound.”

It “followed all applicable laws and policies” CSC said, while admitting more could have been done more to inform victims’ families.

Bernardo is serving a life sentence for the kidnapping, assault and murders of 15-year-old Kristen French and 14-year-old Leslie Mahaffy in the early 1990s near St. Catharines, Ont.

His transfer sparked outrage and calls from the Conservatives for Public Safety Minister, Marco Mendicino, to resign.

In a statement addressing the findings of the review, Anne Kelly, Commissioner of the Correctional Service of Canada, said that “even though CSC went above policy in this case to notify victims, additional steps could have been taken to provide more information.”

As a result, Kelly said the review committee has made the following recommendations, which she supports:

• CSC shares the findings of this review and recommendations with the registered victims prior to any release of information to the media or to the public, which I have done.
• CSC strengthen victim notifications and engagement by striking a committee dedicated to this work, which we will do.

 

The review noted that Bernardo’s move did not give him any increased access to the community, saying “he would be housed behind a secure, controlled perimeter and his movements and associations would be regulated and monitored.”

As for the decision to reclassify Bernardo as medium-risk for the first time since 1999, the CSC said “across records, the institutional behaviour of the offender is described as generally conformist. The offender’s Case Management Team (CMT) has worked for many years to facilitate the offender’s integration within the inmate population.”

Bernardo first applied for a transfer to Bath Institution, a medium-security facility, in May 2022, but his request was denied.

“Following this decision, in July of 2022, the offender worked with the senior management team and Security Intelligence department at Millhaven Institution to develop a plan for institutional integration,” eventually leading to him being deemed medium-risk for the first time since he’s been incarcerated.

That ultimately paved the way for his transfer.

“It was noted that the offender had completed programming, was incident free during the review period, and had very few security concerns during his entire incarceration.”

However, the review stated that “overall, the Review Committee concluded there was likely an option to have had more proactive and meaningful discussions with victims in a manner that still adhered to the Privacy Act and established protocols.”

Kelly acknowledged that the decision to keep Bernardo at a medium-security facility would not be a popular one.

“I recognize that some may not support this outcome. While this case has opened up a larger and important debate about the role of corrections in our society, it is important for us to look at the larger context. I have been with CSC for close to 40 years, and I know that, our feelings towards an offender must not guide our decisions.”

“Our system only works if we continue to carry out our duties according to the rule of law, policies, victim rights, and based on evidence and facts for all those involved.”

News Release From Tim Danson Re Offender Paul Bernardo and CSC Report (July 20-2023) by CityNewsToronto on Scribd

Lawyer for the French and Mahaffy families, Tim Danson, said at this point he hasn’t had time to fully analyze the review, but offered his “preliminary observations” on Thursday evening.

“We do not accept that Paul Bernardo should have been transferred to a medium security facility on the basis of the reasons stated in the Report and at today’s news conference,” he wrote. “We believe that Paul Bernardo should be in a maximum security prison.”

“We will need more time to access the Reports’ findings that the transfer was done in accordance with all applicable laws and policies. Even if it was (which is not admitted or accepted at this time), then the law and policies must be changed.”

“Justifying the transfer on the basis of Mr. Bernardo’s recent full integration with other offenders on his range seems weak and does not take into account many other overriding factors.”

Meanwhile, leader of the Conservatives, Pierre Poilievre, was quick to denounce the decision, blaming Prime Minister Justin Trudeau for “soft-on crime policies” in a joint-statement with other Conservative Party members.

“The decision today not to reverse the shocking transfer of notorious Scarborough rapist and serial killer Paul Bernardo from a maximum-security prison to more cozy conditions in medium-security prison is a direct result of disastrous Liberal policies.”

“This should never have happened and it should not stand. Bernardo deserves to remain in maximum-security prison for the rest of his life.”

“This ordeal has forced the family and friends of the victims to relive the trauma of losing their loved ones.”

“This incompetence in the federal public safety file cannot carry on, and Minister Mendicino must resign.”

With files from The Canadian Press