moved that Bill C-232, An Act to amend the Corrections and Conditional Release Act (maximum security offenders), be read the second time and referred to a committee.
Mr. Speaker, it is an honour to rise in this chamber to debate this important legislation that would help restore Canadians' trust and confidence in our criminal justice system and in federal institutions like Correctional Service Canada.
Bill C-232, an act to amend the Corrections and Conditional Release Act, is being debated today because I was inspired to bring this legislation forward after being approached by the loved ones of victims who were shocked and appalled to receive a phone call from CSC on May 29, 2023, about the transfer of serial killer and rapist Paul Bernardo from a maximum-security prison at Millhaven Institution in Ontario to a medium-security prison at La Macaza in Quebec.
This terrible decision by CSC Commissioner Anne Kelly not only shocked the country but appalled and revictimized the victims' families, friends and the communities I represent in Niagara Falls and Niagara-on-the-Lake. Bill C-232 is about doing what is right. It is about addressing and resolving a serious flaw in our criminal justice and corrections system that permits criminal monsters like Paul Bernardo, Dellen Millard, Mark Smich and Luka Magnotta, among others, to benefit and be allowed to transfer from a maximum-security institution to medium security.
This bill proposes to require that all court-ordered dangerous offenders and mass murderers be permanently assigned a maximum-security classification and confined in a maximum-security penitentiary or area in a penitentiary. It would also repeal the Liberals' least restrictive environment standard for assigning inmates to prison. This standard was adopted in 2018 under the Justin Trudeau government in Bill C-83.
In addition to repealing this weak policy, it would strengthen and restore the language of “only the necessary restrictions” that the previous Conservative government put in place when it passed the Safe Streets and Communities Act in 2012. In fact, that legislation, known as Bill C-10, was spearheaded by my predecessor, the Hon. Rob Nicholson, who proudly represented Niagara Falls for 24 years prior to his deserved retirement in 2019. Mr. Nicholson was the minister of justice and attorney general of Canada at the time.
Paul Bernardo is serving a life sentence as a dangerous offender for the horrific abduction, sexual assaults and murders of Kristen French and Leslie Mahaffy. Bernardo was convicted in 1995 and sentenced to life in prison with no possibility of parole for 25 years for stealing and ending the lives of two teenage girls who had their whole bright futures ahead of them. When he committed these atrocities, he also ruined the lives of their loved ones and sentenced them to a lifetime of inescapable pain, trauma and suffering.
So far, Bernardo has applied for parole three times, in 2018, 2021 and 2024. He has rightfully been denied each time. In his most recent parole hearing in November of 2024, Bernardo sought day parole at a halfway house or, at a minimum, escorted absences from prison so that he could attend a community program for sex offenders. He was denied both.
According to a CBC article, Tanya Nouwens, one of the members of a two-member parole panel, told Bernardo, “Although you have made progress, we are still placing a lot of weight on the clinical assessments, a lot of weight on the seriousness of your criminal behaviour. And for that reason, the board has determined today your risk would be undue”. While it was the right outcome, this quote is still concerning because it raises the question of progress.
I have to ask: Progress toward what end? Paul Bernardo is the worst of the worst. Let me be frank. He should never be granted parole, but after 10 years under the Liberal government's watch, Canada's justice and corrections system has been eroded and lost its balance. It has become far more one-sided and empathetic toward the offender and the consideration of the offender's care than the impacts on victims and victims' families and how law-abiding Canadians see, perceive and make sense of that system.
In fact, in a CBC article from June 2023, Benjamin Roebuck, the federal ombudsperson for victims of crime, said the corrections system strikes the wrong balance between victims' rights and prisoners' privacy rights. In a quote from that article, he says, “The entire system is imbalanced...the victims are the ones who are most directly affected, who continue to suffer from the consequences”.
Mr. Roebuck further reinforced this view when he testified at the public safety committee in November 2023, in a study on the rights of victims of crime, reclassification and transfer of federal offenders. Mr. Roebuck informed committee members that:
We need supporting legislation and comparable resources....
We know that victims are not put first, and I'm not sure that people understand the importance of information to victims of crime.
The fact that these terrible criminals are judged to be progressing through Canada's corrections system while the voices of victims of crime are somehow sidelined and, in a way, silenced is concerning and should be shocking to us all.
This is a non-partisan issue. It is about doing what is right. Keeping dangerous offenders, serial killers and mass murderers like Paul Bernardo, Dellen Millard, Mark Smich and Luka Magnotta in a maximum-security prison is common sense. Simply put, there should have been no way that any of these criminals were ever downgraded and transferred from a maximum-security prison to a medium-security prison, yet on May 29, 2023, this is exactly what happened to Paul Bernardo.
The CSC decision to transfer Bernardo to a medium-security prison was met with immediate and harsh public outrage on a national scale. Locally, both the cities of St. Catharines and Thorold passed municipal resolutions requesting that Correctional Service Canada and the Liberal government act. In the motion adopted by the City of St. Catharines, it states:
...City Council request[s] that the Government of Canada review and consider legislation changes to ensure transparency in the corrections and parole system and examine the guidelines around moving dangerous offenders and sadistic psychopaths who have not exhibited any remorse, empathy or insight into their crimes into medium security prisons....
The mayor of Thorold also wrote and expressed this:
The gravity of Mr. Bernardo's crimes, and the devastating impact they had on the lives of innocent individuals and their families, cannot be understated. Our community, along with the wider Niagara region, continues to bear the scars left by these reprehensible actions. It is of utmost importance that we prioritize public safety and ensure that those who pose a significant risk to society are appropriately confined and monitored.
I could not agree more. Decades since these heinous crimes were committed, the nightmares and scars from the terror still linger in the communities they impacted in St. Catharines, as well as in the Niagara communities that I represent in Niagara Falls and Niagara-on-the-Lake.
The Liberal government must answer these questions. Why are these prison transfers happening? Why are they benefiting Canada's most evil criminals and to what end? Is it the desire of the Liberal government to continue the progression of these dangerous offenders, serial killers and mass murderers until they are transferred to minimum-security prison or until they are granted parole or lesser conditions?
Surely the Liberal government does not believe that the likes of Paul Bernardo, Dellen Millard, Mark Smich and Luka Magnotta should continue to be downgraded until they are out of the corrections system, or does it?
The Canadian justice and corrections system must be rebalanced to support law-abiding Canadians and victims of crime. That needs to be the goal, and Bill C-232 will help restore this balance, as well as the confidence of Canadians in their federal institutions. These CSC decisions to transfer dangerous offenders and mass murderers from maximum-security prison to medium-security prison undermines public confidence, erodes public trust and raises serious questions and debate about who the justice system serves and prioritizes: the victims, as it should, or the criminal.
Canadians know something is wrong when even CSC Commissioner Anne Kelly, the person responsible for these transfers, conceded this about Bernardo. She said, “The fact that he is at a medium-security institution does not negate the fact that he is a psychopath, and that he committed horrific and unspeakable crimes”.
There is also the former public safety minister's own reaction to the news about Bernardo's transfer. He was quoted by CBC as saying, “as a former federal prosecutor and as a Canadian...I was profoundly concerned and again shocked by this decision”. This was a quote from the former minister who was in charge. It does not come as a surprise then that shortly after this national debacle, Minister Mendicino was dropped by Justin Trudeau from cabinet.
Canadians are in disbelief about this whole thing. These comments are from the people who hold authority. They are the ones Canadians expect to run and competently manage Canada's corrections system and institutions like CSC to ensure and uphold public safety. Despite their own acknowledgements of how bad Paul Bernardo is, they carried on and moved forward as if nothing had happened and continue to allow these types of transfers to occur.
The new Liberal Minister of Public Safety has failed to take any action, and the same CSC commissioner has failed to reverse her decisions. Last week, the government announced she is leaving her role and will be replaced. Canadians will be watching closely to see what actions the new commissioner takes, or fails to take, in their new role.
The person who first contacted me and asked that I get involved to help on this issue was a close friend of one of Paul Bernardo's victims. Her name is Marcia Penner. In a letter she wrote to CSC Commissioner Anne Kelly, and I think she speaks for all Canadians, she stated:
Please help me understand how someone such as Paul Bernardo can be housed in a facility such as this. One of Canada’s most notorious killers. A psychopathic serial rapist. A designated DANGEROUS OFFENDER. Does any of this mean anything? I can only imagine the prisoners remaining in maximum security penitentiaries must be asking the same question. If someone who commits the worst of the worst crimes doesn’t qualify for the harshest conditions, then who does?
Marcia is right, and Bill C-232 is the solution to fix this major problem and do what is ultimately right. Bill C-232 also complements a larger Conservative effort, through several private members' bills, to combat the out-of-control crime wave Canadians are facing after a decade of bad Liberal policies that weakened our federal institutions like the CSC.
The Liberal government now talks about implementing needed justice reforms. Sadly, these reforms are required to fix the problems the Liberals created when they weakened provisions of previous Conservative legislation through bills such as Bill C-5, Bill C-75 and Bill C-83. There is hope. Two of my colleagues' bills, Bill C-243 and Bill C-242, resume their second reading debates soon. I am encouraged to see that both Bill C-225 and Bill C-221 have passed second reading and have been referred to committee for further study and consideration by parliamentarians. I am hopeful that Bill C-232 will follow suit and receive the widespread support of my hon. colleagues to reach committee as well.
Enough is enough. It is time we start rebalancing the corrections system to weigh victims' considerations more strongly, restore Canadians' trust and confidence in our federal institutions and return dangerous offenders and mass murderers like Paul Bernardo, Dellen Millard, Mark Smich and Luka Magnotta to maximum-security prisons where they rightly belong. With the support of colleagues in the House, we can make this happen. We can respond to the calls from our constituents, communities and, more importantly, the families of those victims of crime.
I stand in my place today because I made a promise to see what I could do to help correct a horribly wrong decision made by the government. I ask my colleagues to support this effort. Working together, we can accomplish great things and do so in memory of those so tragically lost.
