The Role of Independence in Bureaucratic Processes: A Look at Canada's Correctional System

Navigating the intricacies of a democratic society demands a comprehensive understanding of the relationship between politicians and the bureaucratic agencies they oversee. This dynamic is complex, as illustrated by the recent transfer of one of Canada’s most notorious serial killers, Paul Bernardo, from a maximum-security to a medium-security prison.

Paul Bernardo: A Case Study in Correctional Controversy

Paul Bernardo is a notorious figure in the annals of Canadian crime. Serving a life sentence since 1995, he was convicted for the kidnapping, sexual assault, torture, and murder of teenagers Leslie Mahaffy and Kristen French. Bernardo, along with then-wife Karla Homolka, were also involved in the 1990 death of 15-year-old Tammy Homolka – Karla’s younger sister.

Their case, characterized by its gruesome nature and consequential public outrage, underscored critical flaws in the coordination and collaboration among the various police services involved. This failure led to a comprehensive public inquiry,[1] resulting in substantial reforms to the police management of 'major cases' and a significant shift in the Canadian policing and justice system.

Bernardo’s prison transfer in May has stirred up national debate, with calls for Public Safety Minister Marco Mendicino to resign from his post and the creation of a review panel to examine the decision.[2] Despite the controversy, the review panel found the decision to transfer Bernardo was “sound” and in line with all existing laws and policies.[3] While this case reinforces the principle of bureaucratic independence, it also raises questions about the transparency of such decisions and the role of political offices in these matters.

Echoes of Controversy: The McClintic, Wettlaufer, and Li Cases

This is not the first time such a transfer has sparked controversy in Canada. Terri-Lynne McClintic, convicted of first-degree murder in the kidnapping, rape, and murder of eight-year-old Tori Stafford in 2009, was transferred from a high-security institution to an Indigenous healing lodge in Saskatchewan. This decision became a hotly debated issue on Parliament Hill, with critics arguing that a convicted child killer belongs in a high-security facility, not a healing lodge.[4] Then-Public Safety Minister Ralph Goodale acknowledged he had no legal power to intervene in individual cases, and argued that those decisions must be left to the professional bureaucrats who make decisions about correctional and security classifications. However, McClintic was ultimately transferred back to a conventional prison as a consequence of policy changes following public outcry.[5][6]

In another case, Elizabeth Wettlaufer, a nurse who was convicted of murdering eight seniors under her care, was controversially transferred to a psychiatric hospital in Quebec for treatment, while Vince Li, found not criminally responsible for the beheading of 22-year-old Tim McLean on a Greyhound bus in Manitoba, received an absolute discharge due to his schizophrenia diagnosis in 2017 and was released after being deemed no longer a "significant threat" to public safety.[7]

These cases demonstrate the complexities of the Canadian correctional system, the principles of bureaucratic independence and rehabilitation, and the controversy that can arise from decisions about inmate transfers and releases.

Bureaucratic Independence and Rehabilitation

It is important to remember that the purpose of prison extends beyond mere punishment. Prisons are designed not only to hold individuals accountable for their crimes but also to facilitate their reintegration into society. Bureaucratic independence, meanwhile, is a cornerstone of a functioning democracy. This is especially true for the correctional system, where decisions are made by professionals based on various factors, including risk assessment and progress towards rehabilitation. In Bernardo’s case, his placement in a medium-security facility, though controversial, followed this process.[8]

Despite being in a medium-security institution, Bernardo is still housed in a secure environment with perimeter controls, high fences, and armed patrols.[9] His 'dangerous offender' designation remains in place, ensuring his indefinite imprisonment.

What this case does call for is better communication with victims, between agencies, and with the public at large. As CBC News reported, Mendicino's staff knew of Bernardo's impending transfer but did not inform the Minister himself.[10] The review panel also recommended that the Correctional Service of Canada (CSC) should share review findings with registered victims before releasing any information to the media and the public.[11]

Nevertheless, the CSC maintains that operational decisions, such as security classifications, fall within its authority, and that the minister does not have a role or authority in these matters. This assertion further emphasizes the importance of bureaucratic independence and draws attention to the fine line politicians must tread in such circumstances.

In reflecting on the cases of Paul Bernardo, Terri-Lynne McClintic, Elizabeth Wettlaufer, and Vince Li, it is clear that, while public sentiment often runs high in high-profile cases like Bernardo's, it is crucial to remember the principles upon which our correctional system is built. Bureaucratic independence, rehabilitation, and transparency serve as the backbone of our justice system. They are vital in striking a balance between public safety, justice, and rehabilitation. However, this case also emphasizes the need for improved communication and transparency in decision-making processes, especially when they concern high-profile offenders.

References

[1] Campbell, A. (1996). Bernardo investigation review summary: Report of Mr. Justice Archie Campbell [PDF File]. https://www.attorneygeneral.jus.gov.on.ca/inquiries/cornwall/en/hearings/exhibits/Wendy_Leaver/pdf/10_Campbell_Summary.pdf

[2] Levitz, S. (2023, Jun 14). ‘Resign! Resign!’ Controversy over Paul Bernardo prison transfer dogs Justin Trudeau’s public safety minister.?Toronto Star.?https://www.thestar.com/politics/federal/2023/06/14/resign-resign-controversy-over-paul-bernardo-prison-transfer-dogs-justin-trudeaus-public-safety-minister.html

[3] Kirkup, K. (2023, Jul 20). Paul Bernardo transfer was ‘sound’ and followed all laws, policies: Correctional service. The Globe and Mail. https://www.theglobeandmail.com/politics/article-paul-bernardo-transfer-was-sound-and-followed-all-laws-policies

[4] CTV News. (2018, Oct 4). Controversial release, transfer decisions involving Canadian murders. https://www.ctvnews.ca/canada/controversial-release-transfer-decisions-involving-canadian-murderers-1.4121773

[5] Harris, K. (2018, Nov 8). Child killer Terri-Lynne McClintic transferred from healing lodge to Edmonton prison. CBC News. https://www.cbc.ca/news/politics/mcclintic-healing-lodge-stafford-prison-1.4897105

[6] Bimman, A. (2019, Jan 15). Terri-Lynne McClintic’s initial transfer to a healing lodge wasn’t a mistake: CSC. Global News. https://globalnews.ca/news/4851454/terri-lynne-mcclintic-healing-lodge-csc/

[7] Ibid., 4.

[8] Ibid., 3.

[9] Ibid.

[10] Burke, A. (2023, Jun 13). Staff in Mendicino’s office knew about Bernardo transfer months before minister did, his office says. CBC News. https://www.cbc.ca/news/politics/public-safety-minister-office-advanced-warning-paul-bernardo-prison-transfer-1.6875387

[11] Ibid., 3