B.C.'s attorney general is calling on the federal government to make further changes to bail laws to address the harm being done by repeat offenders.
In a letter addressed to her federal counterpart, Sean Fraser, the Minister of Justice and Attorney General of Canada, Niki Sharma suggested some "options to consider" for the federal government to strengthen bail laws, including strengthening the Criminal Code.
Sharma stated that it was the cooperation between the provincial and federal governments that led to bail reforms outlined in Bill C-48, which came into effect on Jan. 4, 2024.
The bill expands the use of reverse-onus provisions for certain offenders. It means that instead of a Crown prosecutor having to prove in court why an accused person should stay behind bars until their trial, the person who has been charged has to show why they should be released.
But more changes are needed to protect the community from repeat violent offenders, Sharma said.
"We need to work together to continue to strengthen the criminal justice system in this country ѻý too many repeat offenders are released into the community, undercutting public safety and confidence in the justice system," she said in the letter.
She spoke about the Provincial Repeat Violent Offending Intervention Initiative (ReVOII), which BC Corrections leads. The program brings together Crown prosecutors, police, and probation officers and focuses on "our most repeat violent offenders in our province. Although this program is showing results, we are experiencing challenges that relate to the Criminal Code."
One of the recommendations Sharma asked Fraser to consider was strengthening the Criminal Code and providing better tools "to respond to the cycle of individuals who repeatedly breach conditions or other court orders and have shown a lack of respect for the law."
"If an offender has multiple prior convictions for violent offences or for breach of conditions in the past year and is before the court with another alleged offence, their detention should be patterned on s. 522, which currently applies to singular, serious offences."
"In those circumstances, the accused would be detained as a matter of law at their initial appearance in Provincial Court and it would be up to that accused to seek bail in the Supreme Court of British Columbia (or equivalent in other provinces.) The legislative effect would be stronger than a reverse onus decided in the provincial courts since detention would automatically be ordered at that level, but judicial supervision would be maintained."
This letter comes as the one-year anniversary approaches in the death of a Surrey woman who was suspected to have been killed by a violent repeat offender in her home.
Tori Dunn, 30, was found with life-threatening injuries in her home in Port Kells on June 16, 2024. She later died in hospital.
The changes requested by Sharma, if they actually get implemented, are too little, too late for the Dunn family.
Tori's dad, Aron, told the Now-Leader that if these changes had been in effect last year, his daughter would still be here. "This didn't need to happen to her, it doesn't need to happen to anybody, but it's happening over and over again."
If they are going to bring more changes to bail, they have got to do it fast, Aron said. "They've got to stop promising stuff they're not going to deliver on."
Adam Mann was charged with second-degree murder on June 28, 2024 connected to Tori's death. He is currently in court on three unrelated charges, not including the murder. None of these charges have been proven in court, and a publication ban currently covers the details of these charges.
At the time of Tori's murder, Mann was out on bail in connection with one of the unrelated charges. Mann has a lengthy criminal record, including convictions in B.C., Alberta, New Brunswick and Ontario.
"How does this justice system work when you can't even get the defendant to show up in court?" Aron said, referring to Mann's refusal to appear in court for a recent hearing.
"Why can't they just muscle them into the court, shackle him and make him show up, and in the meantime, my family's got to suffer," Aron said. The case is expected to go to trial in the late fall or early 2026.
"I've lost so much faith in our justice system."
"Start with the basics. I mean, the people you already got locked up, don't let them out yet, start there," Aron said. "Then force these people to get into court."
The whole system needs reform, Aron said. It not only needs changes to bail laws but also requires more judges and prosecutors.
Aron said he cannot wait for the coroner's inquest that will take place after the trial is over.
"We're gonna find out where the blame lies," he said.
A coroner's inquest is a formal court proceeding conducted by a presiding corner before a jury that is publicly held to review the circumstances of how someone died. In September 2024, B.C. Minister of Public Safety and Solicitor General Mike Farnworth ordered a coroner's inquest into the death of Tori Dunn, to take place after criminal proceedings are over.
The jury will hear the facts surrounding the death of Tori, including the how, when, where, and "by what means" she died and the classification of her death. They will hear from witnesses and have a chance to ask them questions.
The jury will then make recommendations aimed at preventing deaths under similar circumstances. However, the jury must not make any finding of legal responsibility or express any conclusion of law.
Since her death, several other politicians have called for bail reform, including Premier David Eby and .
In an emailed response to the New Leader, Minister Fraser stated that he will take the time to review her proposal and will provide a formal response.
ѻýThere is no doubt: tackling the threat of violent repeat offenders must be part of the path forward. All orders of government need to work together to keep Canadians safe," Fraser said. ѻýIn our platform, we committed to cracking down on car theft, home invasions, human trafficking, and drug smuggling by toughening the Criminal Code to make bail harder to obtain for repeat offenders charged with these serious crimes.
ѻýMinister Fraser looks forward to working closely with his provincial and territorial colleagues in the weeks and months ahead to ensure every Canadian feels safe in their community.ѻý