Arson

Arson involves intentionally or recklessly causing damage to property by fire or explosion. These offences are governed by Sections 433 to 436 of the Criminal Code. 

Arson: Criminal Code Definition

The Criminal Code outlines several distinct offences under the umbrella of arson. Each section addresses different aspects of fire-related crimes, from damaging property to fraudulent purposes, and even unintentional fire damage due to negligence.

Arson – Disregard for Human Life (Section 433)

Per Section 433 of the Criminal Code, every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

(a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or

(b) the fire or explosion causes bodily harm to another person.

Arson – Damage to Property (Section 434)

Per Section 434 of the Criminal Code, every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Arson – Own Property (Section 434.1)

Per Section 434.1 of the Criminal Code, every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

Arson – Fraudulent Purpose (Section 435.1)

Per Section 435 (1) of the Criminal Code, every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction.

(2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.

Arson by Negligence (Section 436)

Per Section 436 (1) of the Criminal Code, every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.

Marginal note:Non-compliance with prevention laws

(2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

Have you been charged with Arson? Call (306) 994-9522 for a free consultation with a criminal lawyer. 

Potential Penalties and Consequences for Arson Offences

Penalties for arson vary based on the severity of the offence and whether the Crown proceeds by indictment or summary conviction. These penalties are designed to reflect the gravity of the offence and the potential harm caused.

Arson – Disregard for Human Life

• Maximum Penalty: Life imprisonment.

Arson – Damage to Property

• Summary Conviction: Generally involves shorter terms of imprisonment and fines.
• Indictable Offence: Carries a maximum penalty of 14 years in prison.

Arson – Own Property

• Indictable Offence: Carries a maximum penalty of 14 years in prison.

Arson – Fraudulent Purpose

• Summary Conviction: A less severe option, though imprisonment and/or fines may still apply.
• Indictable Offence: Carries a maximum penalty of 10 years in prison.

Arson by Negligence

• Summary Conviction: Lesser penalties may include fines and shorter imprisonment terms.
• Indictable Offence: Maximum penalty of 5 years in prison.

Are you facing arson charges? Call (306) 994-9522 to speak with an experienced criminal defence lawyer. 

Aggravating Factors

Several factors can aggravate arson charges:

• The fire or explosion endangered human life.
• The use of accelerants or other devices to increase the danger of the fire.
• The involvement of minors or vulnerable individuals.
• The offender has a prior criminal record related to property or violent offences.
• The fire was set as part of a larger fraudulent scheme (e.g., insurance fraud).

Summary and Indictable Dispositions for Arson Offences

Arson offences can lead to various dispositions depending on the specific charge and how the Crown elects to proceed.

• Suspended Sentence
• Fine
• Fine + Probation
• Jail
• Jail + Probation
• Jail + Fine

Potential Defences Against Arson Charges

Successfully defending against arson charges requires a detailed understanding of the law and the circumstances surrounding the incident. Some common defences include:

• Lack of Intent: The defence may argue that the fire was accidental, or there was no intent to cause damage.
• Lack of Knowledge: For offences involving fraud, the defence might argue that the accused was unaware of the fraudulent intent behind the fire.
• Negligence Defence: In cases of arson by negligence, the defence might claim that the accused’s actions did not significantly deviate from what a reasonable person would have done.

It is essential to seek an experienced criminal defence lawyer due to the complexity and harsh penalties tied to these cases. A qualified criminal lawyer will thoroughly assess your case, craft a robust defence, and safeguard your rights at every stage of the legal process.

Don’t Face Your Arson Charge Alone

An experienced criminal defence lawyer is essential when facing arson charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with arson. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.