SHORT READ
Arson: If you intentionally or recklessly cause a fire or an explosion at any structure you can be charged with arson. There are five different offences for arson listed in the Criminal Code, found in sections 433 to 436 (1), including endangering a life and setting a fire for fraudulent purposes. Arson carries a maximum sentence of life imprisonment if the charge is prosecuted as an indictable offence.
Table of Contents:
What is Arson in Canada?
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.
Arson – Disregard for Human Life
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.
Arson – Damage to 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.
Arson – Own Property
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.
Arson for Fraudulent Purposes
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.
Arson by Negligence
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.
What is Needed to Convict
If you are charged with any arson offence, identity is often a key issue for the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown when trying to prove its case beyond a reasonable doubtThe standard that must be exceeded to find someone guilty. 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.
Treated as a Summary Conviction or Indictable Offence
Depending on the seriousness of the charge, arson is prosecuted as an indictable offence or a summary convictionUsed for lesser offences. If you are found guilty of an indictable offenceIndictable offences are more-serious criminal offences you will face penalties that are more severe than if you are being sentenced for a summary conviction.
Penalties for Arson in Canada
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 prosecuted either as a summary conviction or as an indictable offence with a maximum of five years in prison. Both charges have lesser penalties if treated as a summary conviction.
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Pateras & Iezzoni Inc.
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Avocat Criminel Montréal
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
