Parliamentary Committee Notes: Security Reclassification and Transfer: Chronology of Events

Issue

On May 29, 2023, Paul Bernardo, a high-profile offender, was transferred by the Correctional Service of Canada to a medium security institution, after spending the entirety of his incarceration in maximum security correctional institutions.

Proposed Response

Background

Detailed Chronology

September 1, 1995: Paul Bernardo’s sentence begins and he is sent to Kingston Penitentiary, a maximum security facility. He is serving a life sentence for First Degree Murder (x2), Kidnap – Unlawfully Confine (x2), Aggravated Sexual Assault (x2), and Indignity to a Dead Body. Bernardo is identified as being a High Profile offender, meaning he is “an offender whose offence dynamics elicited or have a potential to elicit a community reaction in the form of significant public and/or media interest.” In addition, Bernardo was declared a Dangerous Offender by the courts.

1995 – 2022: Bernardo remained classified as maximum security. The Security Reclassification Scale (SRS) was applied 14 times during this time, approximately every two years as required by Commissioner's Directive-710-6. In each instance, the SRS produced a score corresponding with medium. In all cases, with the exception of his most recent SRS, the final security level decision was maximum, thereby representing an ‘override’ from the SRS score. As such, Bernardo remained in Kingston Penitentiary until its closure in 2013, after which he was transferred to Millhaven Institution.

June 2022: Bernardo applied for a transfer to the Bath Institution, a medium security facility. His security level was reviewed, and results of the SRS (medium) were overridden in accordance with professional judgement, as it was determined the offender remained a maximum security offender. His failure to integrate within the inmate population and the ongoing measures that were required to manage his safety (e.g., individualized protocols) were decisive factors. As a result, it was felt that Bath Institution was not an appropriate option, and the transfer was not supported by his Case Management Team (CMT) and was denied by decision-makers.

July 2022: Bernardo worked with the senior management team and the Security Intelligence department at Millhaven Institution to develop a plan for institutional integration. The efforts were part of an institutional management strategy to establish cohorts within Millhaven Institution, with the underlying goal of alleviating subpopulation pressures and to provide a less restrictive environment for offenders. The strategy enabled compatible offenders on specific ranges to attend health care, programs, school, and yard as a cohort.

July 2022: Bernardo was considered “fully integrated” on his range, which represented a new development in the case. After integrating on his unit, Bernardo, in consultation with his CMT, applied for transfer to La Macaza Institution, a medium security facility in Quebec. La Macaza Institution was deemed by the CMT to be compatible with Bernardo’s profile, as the institution can accommodate High Profile offenders as well as offenders serving time for sexual offences. Following Bernardo’s application for transfer, the Office of the Correctional Investigator (OCI) initiated formal discussions concerning his security classification, to ensure compliance with the ‘least restrictive measures’ principle and legal requirements, as per the Corrections and Conditional Release Act.

November 2022: Bernardo obtained support from his CMT to transfer to La Macaza Institution due to the recent demonstration of his ability to integrate on his range. Specifically, the CMT determined that the recent “full integration” justified a reduction in the offender’s Institutional Adjustment rating (one of three factors analyzed in the assessment of security classification), the factor that had previous hindered a medium security designation.

February 13, 2023: A security classification decision was completed, which corresponded with a medium designation for Bernardo, and included a transfer recommendation.

March 27, 2023: Bernardo was approved to transfer to the La Macaza Institution.

March – May 2023: CSC informed the Minister’s Office and the Office of the Privy Council of the offender’s pending transfer on two (March 2, 2023 and May 25, 2023) and three (March 2, 2023, May 25, 2023, and May 26, 2023) separate occasions, respectively.

May 29, 2023: Bernardo was transferred from Millhaven Institution to La Macaza Institution. Victims were informed via telephone twice on the same day that the transfer took place. Victims were also sent a letter notifying them of the transfer.

June 5, 2023: Following the response from victims and the public, the former Minister of Public Safety announced that CSC would launch an additional review of the Bernardo transfer.

July 20, 2023: The results of the review into Bernardo’s security reclassification and transfer were announced by the Commissioner of the CSC. The review committee concluded that the decisions to reclassify Bernardo to medium and transfer him to La Macaza were sound and followed all applicable laws and policies. The review committee also found that victims were notified according to law and policy. They made two recommendations: that the findings of the review be shared with registered victims prior to any public release, and that the CSC Commissioner establish a multi-disciplinary working committee to enhance policies and practices surrounding victim engagement and notification.

July 20, 2023: The former Minister of Public Safety issued a Ministerial Direction to CSC entitled “Information Sharing: Security Classification and Transfer of Offenders,” with direction for CSC for when an offender is being considered for transfer.

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