Lawyers representing the families of Kristen French and Leslie Mahaffey, who were tortured and murdered in two of the most heinous crimes in modern Canadian history, say the justice system will give victim impact statements to the victims’ mothers. He said he had failed his family by not giving him a chance. We met in person at Paul Bernardo’s upcoming parole hearing.
In a letter sent to the director of the Parole Board of Canada (PBC) on Tuesday, lawyer Tim Dunson argued his client had the right to confront his daughter’s killer directly.
“Debbie Mahaffey and Donna French were devastated when they learned that PBC was barring their daughters (and themselves) from representing them and denying them the right to confront Paul Bernardo. “It was truly heartbreaking to experience the heartbreaking reactions I experienced when reading the victim impact statement and seeing it firsthand,” Danson wrote in the letter, which was shared with CBC News. Ta.
“This was a real shock to their system. It was a bone-chilling shock. It was such a deep and hurtful insult that (metaphorically speaking) it took victims’ rights back to the stone age.”
The letter was addressed to Parole Board Chair Joanne Blanchard, Correctional Service Canada Commissioner Anne Kelly and Public Safety Minister Dominic LeBlanc.
Bernardo, who is listed as a dangerous offender, is serving a life sentence for the violent kidnapping, sexual assault and murder of French and Mahaffy, who were teenagers at the time of their deaths.
He is scheduled for a virtual parole hearing next week.
PBC cites safety reasons, lawyer speaks
Danson said in the letter that the family’s legal team was recently told that his client would not be able to attend the hearing because the board “cannot ensure the safety and security of all those attending the hearing.” Details were not disclosed.
According to the Corrections and Conditional Release Act, the board can restrict attendance if “the person’s presence is likely to adversely affect the safety and order of the premises in which the hearing is held.”
In his letter, Danson said he has never seen that standard invoked in his 40 years as a trial and appellate attorney.
“Who is that ‘person’?” The victims, who have behaved with absolute civility during Mr. Bernardo’s previous two hearings, are undoubtedly referring to Mr. Bernardo. Or is he your concern? ” he wrote.
“When even the worst offenders appear before a parole board and argue that they no longer pose a threat to public safety and should be paroled, they have enough to act appropriately. There’s a smartness to it. It has to have a realistic feel to it.”
He argued that direct delivery of influential statements brings “inclusive humanity and quality” to proceedings.
“It is absolutely cruel to force a victim against their will into an inhuman and callous computer screen,” Danson said.
“The fact that the ‘system’ doesn’t understand this is very sad.”
CBC News has reached out to the Parole Board of Canada for comment.
Killer transferred to medium security facility
Danson noted that safety and security concerns were not mentioned during Bernardo’s first parole hearing in 2018 at Millhaven, a maximum-security facility. His second parole attempt in 2021 was held virtually due to the pandemic.
“How could there be such concerns at La Macaza Institute, which is a medium-security facility? If such concerns are occurring now, why would Mr. Why not transport him to a secure facility?” Danson wrote.
Bernardo’s controversial move to La Macasa last year sparked outrage and calls for changes to the way dangerous criminals are treated.
After an investigation, the Correctional Service of Canada concluded that all appropriate procedures were followed, but acknowledged the victim’s family should have been better informed.
Mr. Dunson charged that the system works for “Canada’s most notorious sadists, sexual psychopaths and murderers,” but not for his victims.
“The lip service to victims’ rights is deeply disgusting,” Danson wrote.
The letter concludes by asking that Bernardo’s Nov. 26 parole hearing be postponed so his family can travel to attend in person.
“They have a right to an answer, as do all Canadians,” it reads. “They deserve justice, as well as the criminal who murdered my daughter.”
