Arson

What is Arson

Definition: Section 433-436 of the Criminal Code of Canada define a range of arson offences, all focusing on intentionally or recklessly causing damage to property by fire or explosion. Specific sections focus on damage to your own property, or that of another, each with different penalties.

Important Points:

  • Arson covers even minor fire or smoke damage, not just a building being fully destroyed.
  • Depending on whether anyone was harmed, or if the fire endangered their life, charges become significantly more serious.
  • The motive behind the arson can impact the severity of the charges.

Common Evidence:

  • Witness statements about seeing you start or spread the fire.
  • Security or surveillance footage showing any part of the alleged arson.
  • Evidence of accelerants (gasoline, etc.) discovered at the scene.
  • Statements by fire investigators regarding the cause of the fire.

Penalties for Arson

The penalties depend heavily on the specific circumstances of the fire:

Arson – disregard for human life:

  • Indictable offence.
  • Maximum Penalty: Life imprisonment.
 

Arson – damage to property

  • Hybrid offence – less serious cases may be summary, more severe cases indictable.
  • Maximum Penalty (Indictment): Up to 14 years in prison.
 

Arson – for fraudulent purposes

  • Indictable offence.
  • Maximum Penalty: Up to 14 years in prison.

How We Can Help

Securing Your Release: An arrest for arson almost always involves a bail hearing. It can be very difficult to secure bail on these charges due to the potential seriousness, but we’ll present the strongest case to advocate for your release with reasonable conditions.

Fighting the Charges: Every arson case is complex. We’ll look closely at all elements of the offence to build a strong defence:

  • You didn’t intentionally cause the damage, or it was a true accident.
  • Any fire was started for a legitimate purpose (campfire, etc.) and wasn’t reckless.
  • Lack of sufficient evidence to connect you to the fire.
  • Witness testimony is unreliable.

Frequently Asked Questions

Intent matters, but the potential that it could have spread is often key to the Crown’s case.

Yes, specific sections of the Criminal Code apply, though charges can still be very serious.

It’s a factor, but endangering life carries far more severe penalties, regardless of injury.

Let's Talk About Your Case

Arson charges are extremely serious and often carry devastating consequences. The sooner you secure legal representation, the better. Contact us as soon as possible for a free case review to start building your defence strategy.

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