Canadians Outraged Over Prison Transfer Of Serial Killer Paul Bernardo, While Ignoring Trans-Identified Men In Women's Prisons

Discerning true injustices in today’s culture seems like a never-ending loop of trial and error. Every day we see the mainstream media select and choose which narrative they want to tell – letting pressing issues fall astray. In early June, Canadians were outraged when it was reported that convicted serial killer and rapist, Paul Bernardo was transferred to a medium-security prison. As concerning as this may sound, since 2017, violent inmate prison transfers of murderers and rapists have been happening at an alarming rate – it’s called trans-identified men moving to women’s prisons.

Paul Bernardo’s Transfer to a Medium-Security Prison

In 1995, Bernardo, who is now 58 years old, received a life sentence after a conviction for the kidnapping, aggravated sexual assault, and first-degree murder of two teenage girls, Kristen French, 15, and Leslie Mahaffy, 14. He was also convicted of manslaughter in the drugging and death of Tammy Homolka, the sister of Bernardo's wife, Karla Homolka, who also served prison time for crimes connected to Bernardo. Bernardo was declared a dangerous offender, and he has since spent over 30 years in a maximum-security prison facility. 

On May 29, the Correctional Service of Canada (CSC) decided to quietly transfer Bernardo from the maximum-security prison in Millhaven Institution near Kingston, Ontario, to a medium-security prison, La Macaza Institution in Quebec. 

Since the transfer, Public Safety Minister Marco Mendicino has been under fire, with the general public and the Conservative Party of Canada calling for his resignation. In a statement posted to Twitter, Mendocino expressed his thoughts.“The CSC’s independent decision to transfer Paul Bernardo is shocking and incomprehensible,” said Mendicino.

For three months, the staff in Mendicino's office were aware that serial killer and rapist Paul Bernardo would be transferred from a maximum-security to a medium-security prison, yet they withheld this information from the minister until after the transfer had already taken place. In addition, the lawyer advocating for the families of the two teenage girls murdered by Bernardo expressed deep concern over the fact that both the minister and the victims' families were left uninformed for nearly 90 days. As a result of these events, the mainstream media journalists took an offensive approach by peppering Mendicino with questions.

It was encouraging to witness the mainstream media journalists demonstrating a spark in their questions, displaying genuine ambition to uncover the truth. Some argued that the surge in this media scrutiny was a result of the significant layoffs that had recently affected the industry. 

Yes, this story demands media outcry, but it must be a two-way street. The overlooked issue of trans-identified men who have committed atrocious, often sexual crimes, transferring to women's prisons deserves equal attention.

Canada’s “Gender Identity and Gender Expression” Bill Passed

In 2017, the Canadian Government passed Bill C-16, a bill which amended the Criminal Code and the Human Rights Act to include “gender identity and gender expression” as prohibited grounds for discrimination. Bill C-16 has stirred debates and controversies, as it threatens free speech by compelling individuals to use specific gender pronouns or language contrary to their beliefs. Canadian psychologist and author Jordan Peterson has been speaking out against the bill since it first arose. Most recently, a high school student, Josh Alexander, at a Catholic school in Ontario was suspended for saying that there are only two genders. Bill C-16 set a precedent for incidents like Alexander’s to take place. The bill has also been a strong propellent for creating legislation that infringes on sex-segregated spaces. 

After Bill C-16 was passed, Prime Minister Justin Trudeau promised to pass legislation to allow trans-identifying individuals to transfer to whichever prison they feel fits their gender identity.

“I will make sure we look at it, and we address it, and we do right in recognizing that trans rights are human rights, and we need to make sure we are defending everyone’s dignity and rights in every way we can,” said Trudeau at a press conference in 2017.

Following that commitment, CSC subsequently revised its policy on the placement of transgender inmates. Previously, the CSC's policy dictated that transgender prisoners should be placed based on their assigned sex at birth. On Dec. 27, 2017, policy changes were implemented that allowed for prisoners to be placed or transferred to prisons that align with their gender identity and not their biological anatomy. 

Sexual Predators Are Among the Prison Transfers

As per the 2020 CSC report, the Canadian prison system currently houses 99 individuals classified as “gender diverse offenders.” Out of these, 16 individuals sought a transfer to a prison that aligns with their gender identity. Of the 16 who applied, 10 (all biological men) were approved by ​​Deputy Commissioner for Women, Angela Arnet Connidis. How interesting is it that there are no trans “female to male” transfers? Shockingly, the CSC’s report also reveals that approximately 44% of the nation's trans women detainees have a history of sexual offending.

Madilyn Harks, formerly Matthew Harks, is a trans-identified male who was convicted of sexually assaulting three victims under the age of 8 in 2004. Investigators estimate that he victimized a minimum of 60 individuals before being apprehended for committing 200 offences in British Columbia. ​​In 2014, while living in prison, Harks began identifying as a woman. Despite a psychiatric evaluation revealing Harks' intense fixation on sexually exploiting young girls, authorities placed him in a women's halfway house and prison before eventually releasing him to Brampton, Ontario in 2019. Since being released, Harks has continued to go in and out of women’s facilities for crimes and parole violations. 

Heather Mason, a former federal prisoner and a co-founder of Canadian Women's Sex-Based Rights, a non-partisan group that fights for sex-segregated spaces for women and girls, sent an open letter to the House of Commons in 2021 regarding the atrocities of men in women's prisons. The letter, written by Mason, mentions that at a conference in 2019, a woman came forth to talk about the sexual harassment she endured while being in prison with Harks.

“One of these women reported that while in the mother-child program, two transgender individuals with convictions for pedophilia, Madilyn Harks and Tara Desousa, would loiter near her and her child, making sexist and inappropriate antagonizing comments,” said Mason in the letter.

Tara Desousa, formally Adam Laboucan, is another trans-identifying male who is terrorizing women's prisons. In 1997, when Desousa was 15, he raped a 3-month-old infant, injuring the child so badly that he had to get reconstructive surgery.

Desousa claimed to have undergone gender-transitioning procedures around 2018 – in which his breast implants were allegedly paid for by the British Columbia Government. After the transition, Desousa was granted permission to move to a women's ward at the Fraser Valley Institution. In this ward, Laboucan resided in a cell next to a unit where incarcerated mothers are allowed to live with their children, who can be up to 7 years old.

Countries worldwide are succumbing to the social pressures of the culture wars and relinquishing women's rights to sex-segregated spaces. Last year, a male inmate at Rikers Island prison in New York was convicted of raping a female inmate. Ramel Blount, now known as Diamond Blount, assaulted a 33-year-old woman in a bathroom while being housed in the Rose M. Singer Center. 

Why are we prioritizing policies that bend over backward for a vocal minority group while women continue to suffer the consequences?

A Call for Policy Reform

Women and children are among the most vulnerable individuals who are disproportionately affected by the infiltration of men into women's prisons. The recent prison transfer of serial killer Paul Bernardo should serve as a stark reminder that underneath the mainstream media headlines, there's a hidden story. It’s important that we investigate the truth and critically examine the underlying issues in today's society. In both cases, the CSC has failed to provide the necessary protections to the Canadian public and inmates. These cases highlight the urgent need for transparency, accountability, and comprehensive reforms to ensure the safety and well-being of all individuals within the correctional system. 

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