Paul Bernardo is a 'psychopath' who belongs in maximum-security prison, victims' lawyer tells House committee

Bernardo is currently serving a life sentence for the kidnappings, sexual assaults and murders of 15-year-old French and 14-year-old Mahaffy in the early 1990s near St. Catharines, Ont. He has been designated as a dangerous offender and has admitted to sexually assaulting 14 other women.

Bernardo was also convicted of manslaughter in the December 1990 death of his then-wife Karla Homolka’s 15-year-old sister, Tammy. Homolka was sentenced to 12 years in prison after pleading guilty to manslaughter for her role in French and Mahaffy's murders and was released from prison in 2005.

Danson said the families do not seek revenge or retribution, only justice. He said they accept that Bernardo "was entitled to full constitutional protections" of his rights to be presumed innocent and given a fair trial, and believe he is entitled to humane treatment in prison and to seek release on parole.

However, Danson also noted that Bernardo has been found by two different parole boards to have shown no remorse, empathy for his victims or insight to his crimes, and was deemed beyond treatment.

"Offenders like Paul Bernardo, who commit the most unspeakable crimes known to humankind, must receive the most severe sentence our legal system permits," Danson said.

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• Dec 31, 1969
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• Dec 31, 1969
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"That means spending the rest of their lives, the rest of their natural lives, in a maximum-security institution."

When asked by Conservative MP Glen Motz whether the minister of public safety should revoke Bernardo’s transfer based on the public outcry it provoked, Danson said, "Absolutely." The federal government, he said, needs to "take a leadership role and correct this."

Last week, Correctional Service of Canada commissioner Anne Kelly told the committee that Bernardo was transferred to a medium-security prison because, unlike other maximum-security prisoners, he was not deemed a threat to other inmates or guards. 

Kelly said the main differences between the two levels of prison is that inmates are less tightly controlled in medium security, and there are more opportunities for interventions and rehabilitation programing.

She added there is "absolutely no talk" of moving Bernardo to a lower-security level, and said the fact that he is in a medium-security prison "does not negate the fact that he is a psychopath."

Danson argued that while dangerous offenders like Bernardo are entitled to seek parole, such an individual should not be rewarded with a transfer to a medium-security prison.

"It's no answer that the perimeter security is the same as a maximum security, or that medium security offers better treatment programs for a person that cannot realistically be treated," he said.

The committee heard last week from childhood friends of French, who spoke about the psychological effect Bernardo's transfer has had on them. Federal Ombudsperson for Victims of Crime Benjamin Roebuck also testified that Bernardo’s case could result in a change to the prison transfer process.

Danson suggested legislating changes to parole hearings for dangerous offenders like Bernardo, since the process requires impact statements from victims, which he called "a gut-wrenching process for them."

He also suggested increasing the intervals between parole hearings from every two years to between five and seven years unless there has been a "breakthrough medically" or a significant change in the prisoner's circumstances that could justify them applying for an earlier hearing.

With files from The Canadian Press