What is Arson & What Are the Consequences?
Arson is one of the most dangerous Criminal offences. Fires and explosions can quickly spiral out of control, causing extensive property damage or death.
Individuals charged with Arson may face many years in jail, but have many ways to fight the allegations in court.
What many people do not know, is that the study of fires and explosives – also known as Fire Dynamics and Explosives Engineering – are extremely complex sciences. This means that they can be very difficult to prove in court, and often involve the use of expert witnesses.
What is Arson?
Definition
Arson is the Criminal Act of causing damage, by fire or explosion, to a piece of property.
The Criminal Code of Canada defines “explosive” as:
(a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or
(b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.
Why do people say “commit” Arson?
People use the words “to commit” because they are describing the act of “committing a Criminal offence”. Arson is a noun, not a verb, meaning that in a sentence you would not say that someone “Arsoned” a piece of property, but that they committed the act of Arson on that property.
Is it Arson to burn anything?
Say you have an old building on your property that you want to burn down and get rid of, or you are a farmer doing a controlled burn. You may be thinking to yourself, well if it’s my property, can’t I do whatever the heck I want?
It is legal to burn property you own, but with limits:
The person setting the fire cannot be reckless as to whether the property is inhabited or occupied by another person.
The fire cannot cause bodily harm to another person.
The person must wholly own the property.
The fire cannot seriously threaten the health, safety, or property, of another person.
The fire cannot be set with the intention to defraud someone.
Who commits Arsons?
A 1994 US FBI study found that 58.7% of arsons were committed by people under 18 years old, and 79.7% were committed by people under 29 years old.
The study also found that most repeat offenders were young white males.
The truth is that this is a common offence that can be done by many different types of people, of different backgrounds, and for very different reasons.
Types of Arson Charges
Canada
In Canada there are 5 types of Arsons:
Intentionally or recklessly setting a fire to property, and being reckless about another person being on the property OR causing bodily harm to another person.
Intentionally or recklessly causing damage, by fire, to a property that belongs to someone else (even in part).
Intentionally or recklessly causing damage by fire, that threatens the health, safety, or property of another person.
Causing damage by fire for the purposes of defrauding another person.
Negligently failing to prevent or control a fire that causes bodily harm or damage to property.
United States
Arson laws in the U.S. vary from state to state, but often include:
First-degree – Burning property that is occupied or where people are regularly present (schools, malls, etc.).
Second-degree - Burning unoccupied property to claim insurance or defraud.
Third-degree – Burning abandoned property.
Sentences for Arson
What is the punishment?
Just as there are many different types of Arsons, there are many different types of sentences for the crime.
The most serious Arson offence in Canada – disregard for human life – carries a maximum sentence of life in prison. Less serious offences, like Arson to defraud, or Arson by negligence, carry maximum sentences of 10 years and 5 years respectively.
If there is a lot of property damage, the Crown may also seek large restitution payments. This can be in the thousands, or even millions of dollars in rare cases.
Defending Arson Charges
Common signs of Arson
Arson investigators will look for evidence that a fire was set intentionally. This includes:
Unusual burn patterns
Suspicious points of origin, including multiple points where the fire started
Lack of a clear accidental cause
Fire accelerants used to spread the fire faster
Ex. piles of blankets or gasoline
Suspicious environmental factors to spread the fire faster
Ex. open windows to increase airflow
Damaged smoke detectors or sprinkler systems
Suspicious behaviour of the owner of the property
Motive for the property owner to have set the fire (insurance, revenge, etc.)
Missing valuable items that would have otherwise been lost in the fire
How is Arson proven?
Fire Dynamics is a science. In order to prove an Arson charge, the court will often rely on experts. These are scientists who are familiar with the chemistry and physics involved in the study of Fire Dynamics.
NFPA 921 is considered the “Arson Investigation Bible”. It is the gold standard guide for fire and explosion investigations, and should be on the bookshelf of any arson lawyer.
Notable Winnipeg Arsons in the News
The Winnipeg Police Service recorded 512 arsons in the City of Winnipeg between July 2020 and June 2021 (Source).
Winnipeg Police Service CrimeMaps - Arson totals from January 2019 to January 2022 - CLICK IMAGE TO EXPAND
Some recent Arsons have been especially concerning.
August 15, 2021 – Fire in Osborne Village at 100 block of Scott Street, which spread to a home in the 300 block of Wardlaw. One person escaped and was taken to hospital, another woman in her 60s was rescued but later died in hospital. A 50 year old man was later charged with Manslaughter and Arson with disregard for human life.
June 2, 2021 – Fire at a multifamily home on Boyd Avenue. Two residents inside at the time, no injuries, but approximately $60,000.00 in damages. A 34 year old suspect was charged with Arson disregard for human life.
The above is for informational purposes only and is NOT legal advice. Legal advice can only be properly given by a lawyer who has met with you to discuss the details of your case and your personal circumstances. If you, or someone you now, require legal advice, please use the Contact page to arrange for a free consultation.