Canadian Government Struggles with Disclosure of Inmate Transfers Under Privacy Act
In a recent statement, Minister of Public Safety and Emergency Preparedness, Marco Mendicino, expressed concerns about the limitations imposed by the Privacy Act on disclosing information regarding inmate transfers. However, newly released emails indicate that the federal privacy commissioner, Philippe Dufresne, had taken notice of Mendicino’s comments and raised the issue for discussion.
Convicted murderer Paul Bernardo’s case has brought the limitations of the Privacy Act to the forefront. Bernardo is serving a life sentence for the kidnapping, assault, and murders of 15-year-old Kristen French and 14-year-old Leslie Mahaffy in the early 1990s. He was also convicted of manslaughter in the death of Tammy Homolka, the sister of his then-wife Karla Homolka. Karla Homolka was released after serving a 12-year sentence for her role in the crimes against French and Mahaffy.
Mendicino’s statement on June 14 highlighted how privacy legislation, including the Privacy Act, hinders transparency by placing significant limits on publicly sharing information about specific inmate transfers. He called for new procedures to enable the public and victims in high-profile cases to access relevant information. These comments prompted Dufresne’s office to address the issue and provide information on the existing legal provisions.
According to the Privacy Act, federal government institutions can disclose personal information in the public interest, but it must be determined on a case-by-case basis by the head of the institution. Dufresne’s office, while acknowledging Mendicino’s concerns, stressed that decisions regarding personal information disclosure are at the discretion of federal corrections. They mentioned that the Privacy Act enables such disclosures when the public interest outweighs potential privacy concerns.
The Correctional Service of Canada, responsible for Bernardo’s transfer, is currently reviewing its decision. However, their response did not indicate whether they considered ways to provide the public with more information or sought advice from the privacy commissioner’s office. A spokesperson for the service, Kevin Antonucci, emphasized their commitment to transparency and sharing information in accordance with the Privacy Act.
Mendicino’s office has defended his position, reiterating that the Privacy Act indeed imposes significant limits on sharing personal information, without consent, due to privacy rights. They have encouraged collaboration between the Correctional Service of Canada and the Office of the Privacy Commissioner to explore additional measures for sharing information with the public. Dufresne’s office clarified that a separate law governing the prison system allows the federal corrections commissioner to exercise discretion when it comes to disclosing information to victims.
Lawyer Tim Danson, representing the families of Kristen French and Leslie Mahaffy, has raised concerns about the lack of transparency regarding Bernardo’s transfer. While the correctional service cited Bernardo’s privacy rights, Danson emphasized the public’s right to information pertaining to public institutions and urged for more transparency.
Overall, this case has sparked a debate around balancing privacy rights and transparency. It highlights the need for a comprehensive review of the Privacy Act and its impact on public access to information, particularly in high-profile cases. The Canadian government aims to find a way to share important information with the public while respecting privacy rights, and the ongoing dialogue between Mendicino’s office and Dufresne’s office will play a crucial role in shaping future procedures regarding inmate transfers.
