The lawyer representing the families of Leslie French and Kristen Mahaffy, two victims of serial killer Paul Bernardo, is urging the government to reassess the necessity of transparency in the corrections and parole systems. Tim Danson, the families’ lawyer, stated that they do not believe Bernardo’s transfer to a medium-security prison was lawful or sound, as concluded in a recent review. Danson is calling for legislative changes to establish confinement standards for the most dangerous offenders and for transfer decisions to fully consider the original sentences, referring to the judge’s remarks during Bernardo’s 1995 sentencing that rehabilitation for him is highly unlikely.
Danson emphasized the need for individualized criteria rather than a one-size-fits-all approach in his statement. He acknowledged that he and the families have yet to review the full report in detail but expressed confidence in the government’s publicly stated position that Bernardo’s transfer was “shocking” and “incomprehensible.” Danson believes that laws that are deemed as such must be changed, especially when dealing with Canada’s most dangerous criminals.
Danson recently engaged in constructive discussions with Correctional Service Canada Commissioner Anne Kelly and Public Safety Minister Marco Mendicino regarding the review’s findings. However, the statement did not touch upon the report’s recommendations for improved victim notification. Danson did raise concerns that the CSC may withhold information about notable inmates like Bernardo under the guise of protecting their privacy rights, utilizing the Privacy Act to avoid accountability.
Danson’s statement also mentioned that he was not notified of Bernardo’s transfer prior to it taking place on May 29. A CSC news release from June 5 indicated that information and updates were provided to registered victims throughout Bernardo’s sentence through the National Victim Services Program. However, Danson received two vague voicemails from CSC on the day of the transfer, and when he returned the call, he discovered that Bernardo had already been moved. Danson questioned the credibility of the advanced notice, as the families were only informed that morning without any explanation.
The statement referred to the parole board’s findings from Bernardo’s last hearing in 2021, noting his lack of remorse, insight, and empathy. A psychiatrist at that hearing confirmed that Bernardo still exhibited signs of sexual sadism, narcissistic personality disorder, and psychopathic traits, which are considered untreatable conditions. Danson argued that Bernardo’s placement in a medium-security institution does not negate his psychopathic nature, highlighting Commissioner Kelly’s statement that La Macaza, where Bernardo is currently held, specializes in managing offenders of this type.
Despite being classified as medium-security, La Macaza maintains stringent perimeter control comparable to maximum-security facilities. This includes high walls and armed guards on patrol. Danson acknowledged that psychopathy is characterized by manipulative behavior and reasoned that normal evaluation criteria should not apply to Bernardo.
In conclusion, the families’ lawyer is advocating for a reevaluation of transparency in corrections and parole systems, legislative changes to address confinement standards for dangerous offenders, and thorough consideration of original sentences in transfer decisions. While discussions have taken place with CSC officials, concerns persist regarding victim notification and the protection of inmates’ privacy rights. Danson also highlighted Bernardo’s psychopathic traits and questioned the adequacy of his placement in a medium-security prison.
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