Corrections Canada could have given victims' families earlier warning of Paul Bernardo's transfer: report

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. Catherines, 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.