Recently, serial killer and rapist Paul Bernardo was transferred to a medium-security prison from a maximum-security prison, drawing the ire of numerous mainstream media sources. Bernardo is serving an indeterminate life sentence — the harshest sentence possible in the Canadian criminal justice system — for the kidnapping, torture and murders of two teenage women in the early 1990s in Ontario, Canada. Bernardo’s security classification was reviewed 14 times between 1999 and 2022, and each time he met the criteria to be moved to a medium-security institution as confirmed by a recent review by the independent Commissioner of the Correctional Service of Canada. When the public became informed via the media, this case naturally raised the anger of the victims’ families and various federal and provincial politicians. However, the institution was simply following the law in place at this time.
Unfortunately, while this emotional situation raised a number of potential issues regarding the correctional system, it again overlooks very serious questions about Canada’s prison system that have been around for decades. According to the Organization for Economic Co-operation and Development (OECD), Canada has one of the highest levels of recidivism, which is the act of re-offending after leaving prison, among western industrialized countries. Remember that the Canadian correctional system is supposed to be fundamentally based on the rehabilitation of offenders, regardless if the nature of their crimes. In 2015, one Canadian research effort, known as the national trajectory project, found that people who go through the prison system have a 40 percent chance of re-offending within three years of release.
Then there are the working, health and safety conditions in the country’s 53 federal prisons, which have led to many concerns by prison guards and observers over many years. The Union of Canadian Correctional Officers says many more guards are needed if they are to deal with harassment from inmates and to do their jobs in a safer environment. Deaths and riots in prisons often don’t even make headlines in mainstream news, unless it involves the death of a prison guards or officials, or a family’s request for a public review of a family member’s death while in prison. Prisoner abuse by guards has also been an ongoing issue. Canada’s prison guards are essentially being left to their own devices when it comes to treating inmates with basic human respect. It’s difficult to recruit qualified people for prison guard positions given the reputation surrounding working conditions and dangers within our prisons.
In addition, prisons are dealing with an increasing number of inmates suffering from mental health issues, including those determined to be “not criminally responsible” because of the state of their mental health when they have committed a crime. Fortunately, those inmates having this designation apparently do receive more appropriate medical care and supervision, unlike those in the general prison population who may have less evident and underlying mental health concerns. Lack of resources and guard training is a concern. Studies have also shown that with such treatment, persons found to not be criminally responsible are far less likely to re-offend, especially if they continue to follow their treatment regime.
Unfortunately, during the conservative government of Prime Minister Stephen Harper in the early 2000s, there was a shift toward punishment of prisoners and away from rehabilitation. The current Liberal government under Justin Trudeau has taken a more liberal approach to dealing with prison reform and punishment criteria. Needless-to-say, this has divided people between those wanting stronger punishment and those supporting more humane and rehabilitative approaches. There is even a small minority that would like to see the death penalty brought back, similar to what exists in several American states. Politically, a very unlikely possibility in Canada.
Whether one is in agreement or not, prisoners have rights and expect to be treated in a humane manner. Basically, we designated the courts and an independent institution to oversee the rule of law, including that pertaining to penalties and terms of imprisonment. Hopefully, this respects prisoners’ rights and reduces the chances of prison violence and inmate-related violations, while ensuring the public safety and reducing the level of offenders’ recidivism upon returning back into society. Focusing on this one sensational case really doesn’t help when it comes to all of the other urgent issues that need our immediate attention.
FROLITICKS 