Toronto Arson Lawyer | Toronto Criminal Lawyer - Alexander Ejsmont

Charges Defended > Arson

A charge of Arson occurs when someone intentionally sets a fire for the purpose of burning property. The fire must have been intentional or, at least, the result of a substantial disregard of an obvious risk. In certain situations a fire that looks intentional though may have occurred as a result of an accident, carelessness or the fault of another may lead to charges under the Criminal Code. A charge of arson is a serious one and can lead to severe penalties including jail time and substantial fines. The law also contains additional provisions related for arson that is committed with disregard for human life, damage to property, fraud, and negligence.

Entering a plea of guilty to a charge of arson can have profoundly serious consequences. The stigma of a criminal record, of going through our criminal justice system, the potential consequences for your work, your family, your reputation, and at worst, your freedom are significant. Know your rights. If you or a friend or family member have been charged with arson, contact the firm at 416.877.LAW1 (5291). Your first consultation is always free.

What is arson with disregard for human life?
What is arson with damage to property?
What is arson with damage to your own property?
What is arson for fraudulent purpose?
What is arson by negligence?
What is possession of incendiary material under the Criminal Code?
Where can I find out more information about arson charges?

What is arson with disregard for human life?

Under Section 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.

What is arson with damage to property?

Under Section 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.

What is arson with damage to your own property?

Under Section 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.

What is arson for fraudulent purpose?

Under Section 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 an indictable offence and liable to imprisonment for a term not exceeding ten years. 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.

What is arson by negligence?

Under Section 436. (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, 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, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property. 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.

What is possession of incendiary material under the Criminal Code?

Under Section 436.1, every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Where can I find out more information about arson charges?

Researching past cases is a helpful way to gain a better understanding of the charge you are facing and understanding some of the issues involved in defending the charges. You can click on the following cases to read about specific issues involving arson. These cases have been reproduced here from the Canadian Legal Information Institute (CanLII) under their respective terms of use.

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