Parole board barred victims' families from attending Bernardo hearing in person, lawyer says
The infamous killer and rapist goes back before parole board next week for a virtual hearing
The lawyer representing the families of Kristen French and Leslie Mahaffy — tortured and killed in two of the most heinous crimes in modern Canadian history — says the justice system has let them down again by denying the victims' mothers the opportunity to deliver their victim statements in person at Paul Bernardo's upcoming parole hearing.
In a letter sent to the head of the Parole Board of Canada (PBC) on Tuesday, lawyer Tim Danson argues his clients have a right to confront their daughters' killer in person.
"It was nothing short of gut-wrenching to experience the painful and heartbreaking reaction of Debbie Mahaffy and Donna French when they learned that the PBC was prohibiting them from representing their daughters (and themselves), and denying them the right to confront Paul Bernardo, in person, through the reading of their victim impact statements," Danson wrote in his letter, which was shared with CBC News.
"This was truly a shock to their system. It was bone chilling — an insult so deep and hurtful that, (figuratively speaking), it set victims' rights back to the stone age."
The letter is addressed to Parole Board chair Joanne Blanchard, Correctional Service of Canada commissioner Anne Kelly and Public Safety Minister Dominic LeBlanc.
Bernardo, designated a dangerous offender, is serving a life sentence for the violent kidnapping, sexual assault and murders of French and Mahaffy, who were teenagers at the time of their deaths.
He is scheduled to have a virtual parole hearing next week.
PBC citing safety reasons, lawyer says
In his letter, Danson said the families' legal team was told recently their clients won't be able to attend the hearing because the board was "unable to ensure safety and security of all hearing attendees." He said the parole board didn't provide further details.
According to the Corrections and Conditional Release Act, the board can restrict attendance if "the security and good order of the institution in which the hearing is to be held is likely to be adversely affected by the person's presence."
In his letter, Danson said he has never seen that threshold invoked in his four decades as a trial and appellate lawyer.
"Who is the 'person?' Surely not the victims who have conducted themselves with absolute propriety and decency at Mr. Bernardo's previous two hearings. Are you referring to Mr. Bernardo — is he your concern?" he wrote.
"Even the worst offenders are smart enough to behave properly when appearing before the Parole Board claiming that they no longer represent a threat to public safety and therefore ought to be paroled. There has to be an air of reality to this."
He argued that delivering victim statements in person brings an "overarching human dimension and quality" to the proceeding.
"Relegating victims, against their will, to the impersonal, detached coldness of a computer screen is simply cruel," said Danson.
"The fact that the 'system' fails to understand this is profoundly sad."
CBC News has reached out to the Parole Board of Canada for comment.
A spokesperson for LeBlanc, whose portfolio includes the parole board, said the board is an arms-length body that makes decisions independently.
"Our hearts go out to the families of the victims, who continue to live with the trauma caused by this individual's abominable crimes," said Gabriel Brunet in an email.
Killer moved to medium-security facility
Danson pointed out that safety and security concerns were not cited when Bernardo's first parole hearing was held at Millhaven, a maximum-security facility in 2018. His second attempt at parole in 2021 was held virtually due to the pandemic.
"How can there possibly be any such concerns at the La Macaza Institute, a medium security facility? If such concerns have now arisen, why hasn't Mr. Bernardo been transferred back to Millhaven or some other maximum-security institution?" Danson wrote.
Bernardo's controversial transfer to La Macaza last year sparked outrage and demands for changes to how dangerous offenders are treated.
Following a review, Correctional Service Canada concluded all proper procedures were followed but acknowledged that the families of the victims should have been better informed.
Danson accused the system of working for "Canada's most notorious sadist, sexual psychopath and murderer, but not his victims."
"Lip service to victims' rights is deeply offensive," Danson wrote.
The letter concludes by asking that Bernardo's Nov. 26 parole hearing be adjourned to accommodate the families so they can travel to attend in person.
"They have a right to answers, as do all Canadians," it reads. "They too are entitled to justice, not just the offender who has murdered their daughters."
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With files from The Canadian Press