Anne Kelly, Commissioner of the Correctional Service of Canada (CSC), speaks during a press conference in Ottawa on July 20.Spencer Colby/The Canadian Press
A review of the transfer in late May of notorious serial killer Paul Bernardo from a maximum-security to a medium-security institution found that the decisions were sound and followed all laws and policies, the Correctional Service of Canada says.
CSC Commissioner Anne Kelly announced Thursday the findings of a three-person review panel that examined Mr. Bernardo’s transfer, saying that although the move followed the rules, additional steps could have been taken to provide more information to the public.
Ms. Kelly said she regretted any pain and concern the transfer caused.
The review committee looked at whether Mr. Bernardo’s transfer was compliant with the law, as well as policies and procedures that guide the agency’s work. It examined the decision to transfer Mr. Bernardo from Millhaven Institution, a maximum-security facility in Ontario, to La Macaza Institution, a medium-security facility in Quebec.
Mr. Bernardo has been serving a life sentence since September, 1995, for the kidnapping, sexual assault, torture and murder of 14-year-old Leslie Mahaffy in 1991 and 15-year-old Kristen French in 1992. He also was convicted of manslaughter in the 1990 death of 15-year-old Tammy Homolka.
Ms. Kelly said there is no doubt that Mr. Bernardo “committed horrific and unspeakable crimes” that continue to have an “immeasurable impact on the victims and their families.” She said that the CSC is doing its job of keeping him in a secure institution, and that it has been doing so for close to 30 years. He is in a cell with perimeter controls, high fences and armed patrols, she said.
“The fact that he is at a medium-security institution does not negate the fact that he is a psychopath,” Ms. Kelly said.
The panel recommended that the CSC share findings of reviews with registered victims before any release of information to the media and public. It also said that a committee will be created to improve how the CSC engages with and notifies victims.
Mr. Bernardo’s transfer to the medium-security institution prompted a political firestorm for Public Safety Minister Marco Mendicino, who has faced calls from the Conservatives to resign over the handling of the transfer and the fact that he was told about it after it already took place.
ln June, CBC News reported staff in the minister’s office knew for three months that Mr. Bernardo would be transferred from a maximum- to a medium-security prison but didn’t inform the minister. The Prime Minister’s Office, Privy Council Office and Public Safety Minister’s Office were notified on March 2 that the CSC could transfer Mr. Bernardo and the decision was confirmed on March 27. Both Mr. Trudeau and Mr. Mendicino said their staff briefed them at the end of May.
Facing criticism, Mr. Mendicino has promised changes that have been outlined in a ministerial directive, including that the minister needs to be notified formally and directly prior to the transfer of a high-profile offender to any reduced security level.
When asked Thursday about whether he has confidence in Mr. Mendicino, Prime Minister Justin Trudeau told reporters in Kingston that anyone in his cabinet “by definition, has my confidence.”
Opinion: The outrage at Paul Bernardo’s transfer neglects the reality of prison conditions
The Conservatives continued to criticize the handling of Mr. Bernardo’s transfer, stating that it should have never happened and Mr. Bernardo “deserves to remain in maximum-security prison for the rest of his life.”
Mr. Mendicino said Thursday he asked the Commissioner to consider the impact of the transfer on the victims’ families because he, like many other Canadians, found the transfer to be “extremely distressing.”
Timothy Danson, counsel for the French and Mahaffy families, said in a statement that they do not accept that Mr. Bernardo should have been transferred to a medium-security facility and that he should be in a maximum-security prison.
“The Parole Board has twice found that Paul Bernardo has no remorse, empathy or insight into his crimes,” Mr. Danson said, adding Mr. Bernardo’s third parole hearing will take place in November and the CSC should have waited until then before considering the appropriateness of any transfer.
“Sadistic sexual psychopaths who have not exhibited any remorse, empathy or insight into their unspeakable crimes, after being incarcerated for over 28 years, as determined by PBC [Parole Board of Canada] at Mr. Bernardo’s last two parole hearings, should never be transferred to a medium security prison.”
Lawyer for Bernardo victims says families told of transfer the day it happened
Ms. Kelly also faced questions about the way in which information about Mr. Bernardo’s transfer was communicated with Mr. Mendicino. Last month, Mr. Mendicino said he spoke with the Commissioner many times since March but she did not mention the transfer.
When asked about why she did not inform the minister in those face-to-face conversations, Ms. Kelly said typically operational decisions, such as security classifications, are not discussed in these conversations. That will change going forward as a result of the ministerial directive, she added.
The CSC says decisions around specific cases and operations fall under the purview of the agency and that the Public Safety Minister does not have a role or authority in security classifications or the transfer of offenders.
With a report from Marieke Walsh
Kristy Kirkup