Arson

Arson is the offence of intentionally or recklessly causing damage by fire or explosion to any type of property or structure. Examples include setting fire to a building or a vehicle, whether maliciously or as an act of protest. There are five different offences for arson in the Criminal Code.

If you endanger the life of another person by setting a fire or causing an explosion you could face charges under s.433 of the Code. This charge can also be laid if your reckless action led to a fire or explosion. It does not matter who owns the property.

If you intentionally or recklessly caused a fire or explosion to a property you do not wholly own, you can be charged under s.434 of the Code.

If you intentionally or recklessly caused a fire or explosion to a property you own, in whole or in part, you can be found guilty under s.434(1) of the Code.

If you caused a fire or an explosion to property with the intent to defraud another person or an organization, such as an insurance company, police can charge you under s. 435(1) of the Code. It does not matter if you are an owner in whole or in part of the property. Subsection 2 of the charge notes that if you are the holder of an insurance policy for the building or named as a beneficiary, the intent to defraud may be inferred by the court.

If you own or control a property and your actions indicate 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, you can face a criminal trial under s.436(1) of the Code.

If you are charged with any arson offence, identity is often a key issue for the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. when trying to prove its case beyond a reasonable doubtThe high standard the Crown must meet to prove guilt.. The prosecutor must establish it was you who started the fire or caused the explosion with evidence connecting you to the offence. If you are charged with arson – disregard for human life, the Crown must show that you knew there was someone in the vicinity at the time of the fire or explosion and that the arson could have caused bodily harm. With arson by negligence, the Crown does not need to prove you started the fire or caused the explosion, only that your actions were negligent and contributed to the incident.

Depending on the seriousness of the charge, arson is prosecuted as an indictable offence or a summary convictionLess-serious criminal offences. If you are found guilty of an indictable offenceA more serious type of Canadian criminal offence. you will face penalties that are more severe than if you are being sentenced for a summary conviction.

The punishment for arson varies depending on the charge, with harsher penalties handed down if someone is injured in the fire or explosion. The arson charge of disregard for human life is always treated as an indictable offence and carries a maximum penalty of life imprisonment. The charges of damage to property and damage to your own property are also indictable offences, each punishable by a maximum penalty of 14 years in prison.

Arson for fraudulent purposes is a hybrid offence, meaning the Crown can prosecute as an indictable offence or summary conviction. The offence includes a maximum prison term of 10 years if prosecuted as an indictable offence. Arson by negligence is also a hybrid offenceAn offence the Crown can proceed with summarily or by indictment. with a maximum of five years in prison. Both charges have lesser penalties if treated as a summary conviction.