Paul Bernardo to stay put at medium-security prison: report

After spending three decades behind bars at Ontario’s maximum-security Millhaven Institution for the kidnapping, torture and murders of 15-year-old Kristen French in 1991 and 14-year-old Leslie Mahaffy in 1992, Bernardo will now serve his life sentence indefinitely at the medium-security La Macaza Institution in Québec.

  • By Alex Dhaliwal
  • July 20, 2023
  • News Analysis
Paul Bernardo to stay put at medium-security prison: report
The Canadian Press/Frank Gunn
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Prolific serial killer Paul Bernardo, 58, will remain in a medium-security prison after a comprehensive review of the transfer found the move “sound.”

According to a report released Thursday by Correctional Service of Canada (CSC) Commissioner Anne Kelly, the relocation of Bernardo followed all applicable laws and policies.

After spending three decades behind bars at Ontario’s maximum-security Millhaven Institution for the kidnapping, torture and murders of 15-year-old Kristen French in 1991 and 14-year-old Leslie Mahaffy in 1992, he will now serve his life sentence indefinitely at the medium-security La Macaza Institution in Québec.

The CSC articulated in its report that Bernardo’s transfer reflected his "generally conformist" behaviour as part of an effective offender integration plan. 

Since 1999, Corrections has reviewed the serial killer’s security classification 14 times. But his most recent review last November prompted a change of heart, partly owed to the ‘heightened safety risk’ faced by Bernardo as a high-profile offender.

CSC noted Thursday that La Macaza has comparable security protocols to Millhaven, including a well-defined perimeter, high fences, 24/7 strict guarding, and inmate movement monitoring.

Additionally, the report claimed Corrections "went above policy in this case to notify victims" but noted that supplementary steps should have been taken to provide more information.

In June, Tim Danson, the lawyer representing the victims' families, told The Canadian Press that he did not receive details of Bernardo’s custody conditions nor an explanation for the move, citing privacy rights.

"Of course, their response is the one that you would expect: What about the rights of Kristen? What about the rights of Leslie? What about their rights? These are questions I can't answer other than to agree with them and share in their despair," he said.

"This is one of Canada's most notorious, sadistic, psychopathic killers." 

The CSC confirmed Thursday that they shared the review and recommendations with the registered victims’ next of kin before being released publicly. 

Corrections noted that the public disclosure of an offender’s personal information is rare, but exceptions are made if it’s in "the public’s interest…to understand why Paul Bernardo was reclassified."

They clarified Thursday that the transfer does not mean Bernardo will continue to cascade down through the system.

The serial killer’s May 29 transfer was kept mainly quiet by Corrections, facilitating a firestorm of anger from Canadians and Public Safety Canada.

Public Safety Minister Marco Mendicino spoke with Kelly to express "in very clear terms" the concerns held by the families of Bernardo's victims, calling the transfer "incomprehensible." 

"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 Thursday.

The commissioner clarified that Bernardo is still considered a ‘high risk’ to the public’s safety, adding that the decision to relocate him did not involve the minister as CSC operates independently of Public Safety Canada. 

However, she did inform Mendicino’s office several times before the transfer, with the first time dated March 2 by email.

The minister attributed his ignorance of the transfer to a "breakdown in information flow" within his office, prompting him to issue a "ministerial directive" requiring he be made aware of high-profile prison transfers and receive a full report within 30 days, outlining the directive.

According to the CSC, Thursday's report indicates that the directive has been drafted and will be implemented.

"I recognize that some may not support this outcome," acknowledged Kelly. Last month, Danson said his clients wanted Bernardo returned to maximum security as he is a "dangerous offender."

"While this case has opened up a larger and more important debate about the role of corrections in our society, it is important to look at the larger context. I have been with CSC for nearly 40 years, and I know that our feelings towards an offender must not guide our decisions," said the commissioner in a statement to reporters.

The Corrections panel charged with undertaking the review also recommended strengthening victim notifications. They said this would happen through a committee tasked with bolstering engagement. 

"Canadians rightly expect our criminal justice system to treat victims of crime and their families with dignity and respect," the minister told reporters.

"As a government, we will ensure that victims are given the care they deserve, that the Victims Bill of Rights is followed and that the safety of our communities is placed above all." 

Prime Minister Justin Trudeau did not comment on the miscommunication within Public Safety Canada, only commenting that he kept the French and Mahaffy families in mind.

"I think the entire country is still reeling from the anguish of these terrible, terrible acts. And that's the lens with which we have to go through all these processes," he said. 

"We have a justice system that operates independently, but we need to continue to make sure that it's doing so in a way that is putting victims and families first."

Canada Crime News Analysis Marco Mendicino
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