Everyone wonders if the Minister “knew” it, but no one seems to wonder if he “could”.
I am talking here about the case of one of the worst criminals in Canada, Paul Bernardo. The psychopath was transferred from a maximum security penitentiary in Ontario to a medium security penitentiary in Quebec three weeks ago.
When the information was released at the end of May, the minister said he was shocked and had just learned of it. We now know that his office received the information in March.
The minister wants us to believe that the information did not reach him. It’s not believable. The murders of teenagers Leslie Mahaffy and Kristen French have traumatized the whole country, and people in the Toronto area in particular. A note from the Correctional Services arrives at the minister’s office with the name “Bernardo” and what, people say “Bof! We will not bother the minister with such nonsense”? It seems highly improbable to me, when you know the slightest bit about the media paranoia of political cabinets.
Of course, the opposition jumped on him on Thursday. Either there is incompetence in this cabinet, or the minister lied about when he heard this news.
But let’s get back to the heart of the matter: whatever the date on which he became aware of the facts, what could he do?
If I read the law correctly: nothing. It’s not the minister’s job to classify prisoners.
Of course, if the minister has lied to the public or to Parliament, he should be blamed. He took advantage of the publication of the news to express his indignation before the opposition accused him of being responsible, or of having allowed this transfer of establishment to take place.
I reproach him for this even more seriously: he made believe that he could change this decision. He asked for it to be reviewed by a group. Maybe political pressure will eventually change the decision. But, without repeating my column of the other day, I repeat: it is not up to politicians to manage the details of individual case management in penitentiaries.
Paul Bernardo must not be released from prison and will not be released from prison.
PHOTO JIM RANKIN, THE CANADIAN PRESS ARCHIVES
Paul Bernardo (center), in 2003
The horror of his crimes also makes us say, spontaneously, that even after 30 years, Bernardo should remain at the “maximum”. But that’s not how “cases” are handled.
The criteria for classifying prisoners in penitentiaries are in the law. The nature of the crime, of course, but the current dangerousness (behind bars), the risk of escape, the attitude of the prisoner, his participation in programs are factors that will influence his classification.
The goal of the correctional system is also to rehabilitate…even those who will not be released. Taking into account the evolution of behaviors is therefore essential to manage individuals within the walls.
However, in the act, the power is vested in the commissioner – under the direction of the minister, of course. Yes, the Commissioner is accountable. But the minister does not administer the cases. So much the better !
If this task has been removed from politics, it is for good reasons. First, the minister may know the crime committed, but he does not have the prisoner’s file. Nor the overview of the other convicts.
The sentence imposed by the court is one thing, the administration of this sentence in a prison society is another.
More fundamentally, political influence could favor cases arbitrarily – a friend, an ally, someone known to the government. Or disadvantage a prisoner, depending on the mood of the moment.
Minister Mendicino missed a good opportunity to explain the system, instead of playing the indignant “uninformed”. But I admit that it was not a “good” occasion. Politically, no one wants to appear to downplay the seriousness of Bernardo’s crimes.
However, that is not what it is about. Once a person is sent to prison for a month, a year, a life, how do you organize life, the lives of this closed world?