Arson

Yes — many arson prosecutions are purely circumstantial. The Crown must exclude every other reasonable inference, which the defence challenges at trial through the alternative-cause analysis and the strength of the identification.

Insurance-related arson typically involves parallel s. 435 and fraud charges. The civil insurance investigation produces its own discovery that is often relevant to the criminal defence. We coordinate with civil counsel where appropriate.

Most resolve within 18–30 months from charge, with extensive expert work in the middle period. Cases that proceed to trial typically run on the longer end of that range because of forensic complexity.

Very. Arson endangering life is among the most serious property-related offences and can carry a lengthy prison sentence. Given the stakes, the fire investigation and the identity evidence must be examined closely from the outset.

Yes. Cause-and-origin conclusions are opinions, and independent fire-science review sometimes shows a fire was accidental or that the cause is undetermined — which can be fatal to the Crown's case.

Arson can still be charged on your own property, particularly where an insurance claim is alleged (arson for a fraudulent purpose) or where life was endangered. These cases require careful, early defence.

It depends on the type of arson charged. Under the Criminal Code, arson with disregard for human life (section 433) carries up to life imprisonment; arson damaging another’s property, or one’s own property where others are seriously threatened (sections 434 and 434.1), carries up to 14 years; arson for a fraudulent purpose carries up to 10 years; and arson by negligence up to five. None carries a mandatory minimum, and the risk to people drives sentencing.

Arson by negligence under section 436 of the Criminal Code applies to someone who owns or controls property and, through a marked departure from the care a reasonably prudent person would take to prevent or control fires, causes a fire that results in bodily harm or property damage. Failing to follow fire-prevention laws can support an inference of negligence. It is a hybrid offence with a maximum of five years. Ordinary carelessness is not enough.

Local fire services and police investigate, and the Office of the Fire Marshal of Ontario may investigate fires involving deaths, serious injuries, large losses or suspicious circumstances. Investigators examine burn patterns, the point of origin, electrical systems and any accelerant samples. Their conclusions are opinions that can be tested: the defence obtains the investigation file through disclosure and can retain an independent fire expert. Aaron M. Spektor scrutinizes origin-and-cause evidence closely.

Only if you possess them for the purpose of committing arson. Section 436.1 of the Criminal Code makes it an offence to possess incendiary material, an incendiary device or an explosive substance for the purpose of committing an arson offence, with a maximum of five years. Gas cans and lighters are ordinary, lawful items; the Crown must prove the purpose, usually from surrounding circumstances, statements or messages. An innocent explanation is often central to the defence.