Arson Lawyers
If you’re being investigated for or formally charged with arson, don’t make the mistake of navigating the criminal justice system alone.
Call (604) 669-6699 (available 24/7) or email info@penderlitigation.com to chat with an experienced lawyer ASAP.
Arson accusations can lead to significant jail time, fines, restitution, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But arson cases can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.
Our first consultation is privileged and confidential, with no obligation on you.
When we meet, we’ll discuss your case and any related documents you can provide; answer your questions; and provide you with the estimated cost of retaining our services.
Arson cases can be won.
When you retain Pender Litigation, you’ll advance with an experienced arson lawyer by your side and our entire team of criminal defence lawyers ready to assist the lawyer handling your case. Our team-based approach means your defence is strengthened by the skill and insight of multiple lawyers whose backgrounds include both defending and prosecuting arson cases.
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What is Arson?
Arson describes the criminal act of willfully or recklessly causing damage to property by fire or explosion. The Criminal Code of Canada creates five separate offences for arson: arson — disregard for human life, arson — damage to property, arson — own property, arson for fraudulent purposes, and arson by negligence. The most serious of these offences, arson — disregard for human life carries a maximum penalty of life imprisonment.
Arson in the Criminal Code of Canada
Concerning arson and other fires, the Criminal Code of Canada states
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
- the person knows that or is reckless with respect to whether the property is inhabited or occupied; or
- 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
- an indictable offence and liable to imprisonment for a term of not more than 10 years; or
- an offence punishable on summary conviction.
Holder of 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
- an indictable offence and liable to imprisonment for a term of not more than five years; or
- 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.
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