One of the architects of the law that governs Canada鈥檚 prison system says it鈥檚 understandable people want revenge on killer and serial rapist Paul Bernardo, but that鈥檚 not what the prison system is designed for.
Mary Campbell also says it is regrettable the Correctional Service of Canada has not been more transparent in how it handled the matter 鈥� which the law allows it to be.
Campbell, a lawyer who retired from her role as director-general of the corrections and criminal justice directorate in the Public Safety Department in 2013, said that without question Bernardo鈥檚 crimes were horrific.
Broadly speaking, the corrections system has a mandate to rehabilitate offenders.
Politicians from all parties and levels of government have decried Bernardo鈥檚 transfer from a maximum-security penitentiary to a medium-security prison in Quebec.
News of the transfer was confirmed last week by the lawyer for the families of two of his victims, Kristen French and Leslie Mahaffy, who want him sent back.
Both teenage girls were kidnapped, sexually assaulted and murdered by Bernardo in the early 1990s. He was also convicted of manslaughter in the death of Tammy Homolka, who died after being drugged and sexually assaulted. Tammy was the 15-year-old sister of Bernardo鈥檚 then-wife Karla Homolka.
Karla Homolka was released in 2005 after completing a 12-year sentence for her role in the crimes committed against French and Mahaffy.
Bernardo admitted to sexually assaulting 14 other women. He has been declared a dangerous offender and is serving a life sentence.
Bernardo has spent 30 years under maximum security, which Campbell said is a long time for any offender.
And while she understands why people want to see him kept there, she said the criteria for transferring an inmate to another penitentiary 鈥渋s not based on revenge.鈥�
鈥淲e, as a country, gave up torture quite a while ago, 鈥� she said in an interview Tuesday (June 6). 鈥淎nd we鈥檙e pretty critical of other countries that engage in torture.鈥�
After the news broke, Ontario Premier Doug Ford said he thinks Bernardo should be locked up for 鈥�23 hours a day,鈥� while Conservative Leader Pierre Poilievre has called on Prime Minister Justin Trudeau鈥檚 government to enact changes that would force those who are convicted of multiple murders to serve their entire sentence in maximum security.
READ MORE: Poilievre calls on Liberals to make killers like Bernardo stay in max-security prison
The correctional service is reviewing the decision to transfer Bernardo. Under the Corrections and Conditional Release Act, inmates are given security classifications based on factors including escape risk, which inform where they serve their sentences.
In the case of Bernardo, who is now in his late 50s, the correctional service says a move to a medium-security prison poses no risk to public safety.
The reason behind his transfer, however, is a mystery, with the federal correctional service saying it is 鈥渞estricted by law鈥� in what it can divulge.
Public Safety Minister Marco Mendicino said Canadians are owed an explanation as to why Bernardo was transferred.
Tim Danson, the lawyer representing the French and Mahaffy families, said he was not given the information because of Bernardo鈥檚 privacy rights.
Campbell said the law spells out that the commissioner of the country鈥檚 prison system has the power to disclose to victims a summary of the reasons for the transfer of a particular offender, in cases where it is determined their interest outweighs any invasion of the offender鈥檚 privacy.
She said the commissioner can also choose to release information under the federal privacy law in cases where they determine the public鈥檚 right to know overrides an inmate鈥檚 privacy.
鈥淲hen (the Correctional Service of Canada) says they can鈥檛 release details because of the law, that鈥檚 not entirely accurate,鈥� she said. 鈥淭here are exceptions.鈥�
鈥淚t is unfortunate that CSC maybe hasn鈥檛 been a little bit more transparent, explaining things.鈥�
She added that there are more than 20,000 other people serving a sentence in Canadian prisons and jails, and the rules have been designed to apply broadly.
Stephanie Taylor, The Canadian Press
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