Eby pledges to try getting publication ban on bail hearing lifted in Dunn case

Tori Dunn's family is still desperately searching for answers in the Surrey woman's killing.

“Everybody's just appalled,” said her cousin, Brandi Basra on Thursday. “We're really angry, and thus far we haven’t really had any answers.”

The man accused of Dunn’s murder in June – Adam Mann – was out on bail at the time, despite an extensive criminal history.

Details of his bail hearing are subject to a publication ban, but Premier David Eby pledged Wednesday that he'd try getting that ban lifted.

“I’m very hopeful,” said Eby. “My expectation is that the prosecutors will be successful in getting that information released.”

“There is absolutely no reason why that information should be confidential – every British Columbian deserves to know what happened.”

But it's not that simple.

Publication bans on bail hearings are mandatory if sought by the accused and discretionary if the Crown seeks one. In this case, the accused’s lawyer ultimately sought a publication ban on June 28, following a May 29 bail hearing regarding to two unrelated counts of robbery Mann is facing.

According to criminal defence lawyer Michael Mulligan, publication bans are imposed on most bail hearings.

“In order to ensure that everyone can have a fair trial, bans on the publication of that sort of information are routine,” said Mulligan Thursday.

He says the family's frustration is understandable, but unlikely to change the course of the ban.

“If there was a ban on publication (of information from the bail hearing) imposed — that’s the end of the matter — there’s no going back,” Mulligan said.

The BC Prosecution Service told CTV News on Friday that it has not received direction from the Attorney General's office to apply to have the publication ban related to the bail hearing lifted. A spokesperson for the prosecution service noted in an email to CTV News that the BCPS is assessing whether there is any ongoing ambiguity regarding the scope of the publication ban that could benefit from clarification from the court.

On Friday afternoon, the Attorney General's office issued a statement on the matter.

"While the granting of a publication ban when requested by the accused is mandatory under federal law, next week Crown will be filing an application in court to clarify the scope of the publication ban as it relates to the bail hearing," the statement reads.

Dunn’s death spurred Canada's premiers to send a letter to Ottawa last week, seeking a review of its recent bail system reforms.

Federal Justice Minister Arif Virani responded online Wednesday, saying: “We listened to the provinces and territories when they asked for changes to the Criminal Code. Now, they need to step up and enforce the law.”

Dunn’s cousin says the 30-year-old’s death “can’t just be a finger-pointing situation.”

“At the end of the day, this was our girl, and she was loved by so many people,” said Basra.

The charge against Mann hasn't been tested in court.

His next court appearance is Aug. 19, for another bail hearing.