Arson Criminal Defence Lawyer

We defend arson charges under sections 433 - 436 of the Criminal Code laid by the police in Ontario, Canada.

Arson charges will be laid in circumstances where an accused suspect intentionally, recklessly, or negligently causes damage to property by fire. It is punishable by up to life in prison and is a straight indictable offence in most contexts.

In some Arson cases the identity of the culprit may be hard to prove in court (aka a “who done it”). This is particularly true where there is no confession, third party eye witness, or video/CCTV evidence pointing to the suspect. The police often will have what they think is a very logical suspect with an obvious motive to cause the fire, but lack physical evidence tying them to the crime. They may lay charges based on weak circumstantial evidence.

Proving guilt can be difficult for the Crown despite an obvious motive

The motive may be obvious, but the Crown may be unable to prove beyond a reasonable doubt that the accused actually committed the crime. Police will always suspect those who have a financial interest in the property destruction resulting from a fire (insurance or otherwise). The police will also suspect arson if the fire appears to be motivated by a desire for revenge against the property owner.

Ontario arson cases often involve disputes with employers, business partners, home builders, neighbours, family members and those involved in civil court disputes. Cases without a clear motive other than the accused being a “fire bug” are less common.

Crown expert witness testimony and scrutiny in Ontario Arson cases

In court, the Crown will often rely on their own “expert witnesses” to give evidence that the actions of the accused were intentional, negligent or reckless. Testimony may be provided regarding adherence to safety codes, regulations and standard occupational practices. The Crown uses expert witness testimony to try to convince the court that the accused acted intentionally, or negligently below the standard of reasonable care or was reckless to it.

It is not always clear whether the accused acted unreasonably at all in arson cases.

Different standards and practices for fire and workplace safety operations exist in Ontario. Whether the accused acted recklessly or unreasonably is not nearly as straightforward as the Crown may portray. The Crown witness may say the accused was acting unreasonable, but a defence witness may have a different opinion. Ultimately, it will be up to the judge to decide on guilt after a trial.

If the accused’s lawyer is able to convince the Crown that their case is weak prior to trial, they may agree to drop the charges or to only prosecute a lesser offence such as mischief, which is easier to prove and offers far less serious potential punishments than arson such as a discharge.

The offence of Arson and its punishments are codified in Sections 433 - 436 of the Criminal Code, which reads:

Arson and Other Fires

Arson — disregard for human life

433 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

434 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

434.1 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 for fraudulent purpose

435.1 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.

Holder or beneficiary of fire insurance policy

(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

436 (1) 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.

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.

If you have been charged with arson or are under investigation in Ontario, remain silent and call us now.

Arson cases are rarely black and white. The act itself often destroys evidence leaving the police to rely on witness statements to build their case, including statements from the accused themself. Those who are charged or suspected of arson should always exercise their right to remain silent and consult with a defence lawyer immediately.

The police may need you to make statements or admissions in order to press charges. If charges have already been laid, statements made by the accused may inadvertently bolster the Crown’s case against them. Even little remarks that the accused believes to be harmless may give the police the evidence they need to secure a conviction or a harsher punishment upon sentencing if found guilty.

If you or someone you are looking to help has been charged with any form of arson in Ontario, please give us a call today at 647-228-5969 for a free case evaluation.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with arson offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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