Toronto Arson Lawyer

Being charged with a criminal offence can be a scary and stressful experience. This is especially true for a serious offence like arson. Depending on the arson offence, an individual convicted of arson will face significant penalties including up to life in prison. The Criminal Code outlines seven different arson offences: arson disregard for human life, arson damage to property, arson damage to own property, arson for a fraudulent purpose, arson by negligence, and possession of an incendiary material.

If you have been charged with an arson offence it is essential to understand and protect your rights from the outset of the criminal process. The most effective way to accomplish this goal is to retain experienced legal counsel who can guide you through the process and protect your rights. Donich Law has experience defending individuals charged with serious offences including arson and regularly achieve positive results for our clients. The Firm combines risk management and litigation strategies to ensure our clients receive the best defence possible.

What will Happen if I am Charged with Arson in Toronto?

If you have been charged with arson in Toronto, you will have been provided release paperwork with conditions, a first appearance court date, and a time to attend the police station to be fingerprinted and photographed. At the first appearance court date, the accused or their lawyer will attend court and update the court and the Crown on whether the accused has retained counsel. The accused may also ask for an update on whether disclosure is ready and available. A new court date will be set. The accused or their lawyer will continue to attend regular set date appearances to update the Court until the case has concluded.

Disclosure should be made available to the accused electronically at or around the first appearance court date. Disclosure is typically provided bit by bit as it becomes available, often taking a few months to complete. Once disclosure is substantially complete, defence counsel will review it and then schedule a pre-trial with the Crown to discuss. At the pre-trial counsel will discuss issues with the case and whether the accused is anticipated to resolve or go to trial. This is also the accused’s first opportunity to provide the Crown with any evidence of their innocence. Following a Crown pre-trial, a judicial pre-trial may be scheduled. Negotiations will continue between the Crown and defence until dates are set for either a resolution or trial.

What is Arson Endangering Human Life?

The offence of arson endangering human life is outlined in section 433 of the Criminal Code. The Code states that an individual is guilty of an offence where they “intentionally or recklessly causes damage by fire or explosion to property, whether to not that person owns the property, where the person knows that or is reckless with respect to whether the property is uninhabited or occupied, or where fire or explosion causes bodily harm to another person.”

This means that an individual will be guilty of arson endangering human life if they set fire to a residence or any other place a human would reasonably be expected to be knowing or being reckless as to whether someone is inside, even if no one was actually inside or injured. This is true even if the accused owns the property.

For example, an accused person who set fire to their own home without first checking whether their family members were inside may be convicted of arson endangering human life even if their family members were not inside the home.

How to Defend an Arson Charge?

When developing a defence strategy for an arson charge one must consider which arson offence the accused is charged with. This is likely to influence the defence strategy. The first step in developing a strong defence to an arson charge is to review all the evidence provided by the Crown. The defence may also collect their own evidence where it is available.

The defence strategy must account for each piece of the Crown’s evidence. It is important to remember that the accused is not tasked with proving their innocence. It is the Crown who bears the burden of proving the accused’s guilty beyond a reasonable doubt. For this reason, it is often most effective to attack the Crown’s evidence.

Will I go to Jail for Arson in Toronto?

Prison sentences are routine in cases involving arson in Toronto. This is especially true in cases where the accused is charged with arson endangering life, arson damage to property, and arson damage to own property. While custodial sentences are common for these types of offences, they are not mandatory. An individual convicted of arson endangering life, arson damage to property, and arson damage to own property may be granted a suspended sentence and placed on probation or granted a conditional sentence and permitted to serve their custodial sentence in the community, typically on house arrest.

When determining the appropriate sentence for an individual convicted of an arson offence, the Court will consider aggravating and mitigating factors including the nature and severity of the offence, the background and characteristics of the accused, the impact on any victims, the amount of damage caused, and case law from other similar cases. The more aggravating factors present in a case, the more likely the Court is to sentence the offender to jail.

What is the Minimum Sentence for Arson?

Pursuant to the Criminal Code, there is no minimum penalty for arson. Some arson offences are, however, straight indictable offences. This means that they are of the most serious offences in the Code and carry severe penalties. The Code provides that arson endangering human life is a straight indictable offence carrying a maximum penalty of life imprisonment. Arson damage to property and arson damage to own property are also straight indictable offences, both carrying a maximum penalty of fourteen years in prison.

Arson for fraudulent purpose and arson by negligence are both hybrid offences, meaning the Crown will elect whether they want to prosecute the accused by indictment or by summary conviction. Those prosecuted by indictment face increased penalties. The maximum penalty on indictment for arson for fraudulent purpose in ten years’ imprisonment. Where the Crown elects to proceed by summary conviction the maximum penalty is only two years less a day in prison. The maximum penalty for arson by negligence is five years in prison where the Crown elects to proceed by indictment and two years less a day where the Crown elects to proceed summarily.