Change ‘incomprehensible’ laws in Bernardo transfer: lawyer for victims’ families

The families of two of serial killer Paul Bernardo are calling for changes to confinement standards in the wake of Bernardo's prisoner transfer being called "sound."

The lawyer for the families of Leslie French and Kristen Mahaffy, two of serial killer Paul Bernardo’s victims, is calling on the government to completely re-evaluate the need for transparency in the corrections and parole systems.

Tim Danson, the lawyer representing the families, said in a statement Thursday that the families do not accept that Bernardo’s transfer was “sound” or lawful, as a review into his contentious transfer to a medium-security prison asserted.

He said they are calling for legislative changes that would address confinement standards for the most dangerous offenders, and that transfer decisions should fully factor in the original sentences, citing the judge’s comments at Bernardo’s 1995 sentencing that his chance at rehabilitation “is remote in the extreme.”

“There cannot be a one fits all criteria,” Danson wrote in a preliminary statement sent to the media, noting he and the families had not yet reviewed the full review report in detail.

“As the government has already said publicly, the decision to transfer Paul Bernardo from maximum security to medium security, was ‘shocking’ and ‘incomprehensible’. The families accept this government’s position to be genuine and sincere.

“No law that is ‘shocking’ and ‘incomprehensible’ can stand and must be changed to address the specific challenges faced when dealing with Canada’s most dangerous offenders.”

Danson said he had “constructive” conversations with Correctional Service Canada Commissioner Anne Kelly and Public Safety Minister Marco Mendicino on Wednesday about the report into the review and agreed to stay in further contact.

Danson’s statement did not mention the report’s findings about victim notification, which called for better notification for families. But he did suggest the Privacy Act allowed the CSC to protect itself from accountability by not sharing information about notable inmates like Bernardo with Canadians “under the pretext of protecting the offender’s privacy rights.”