The world watched in horror as wildfires engulfed LA County in the winter of 2025. These fires began on January 7, 2025, and have been utterly devastating to Southern California. They quickly spread due to extremely dry conditions (the state had not seen rain in nine months) and powerful offshore winds.
The full scope of the destruction has not yet been ascertained. But as of the writing of this blog, the Department of Forestry and Fire Protection reports that over 57,000 acres of land have burned, at least 16,200 structures have been destroyed, and estimated damages are in the hundreds of billions, with 29 casualties.
Arson Investigated as Possible Cause of California Wildfires
Investigators have been tasked with determining the origins of the wildfire. This complex assignment could take months or years to complete. They consider every possible cause, including overgrown forests, water infrastructure problems, utility lines, and human activity. Human activity encompasses everything from discarded cigarettes to unattended campfires and even—in rare cases—arson.
Arson Laws in Canada
Here in Canada, where we’ve had our share of wildfires, arson is considered a serious crime. The penalties imposed on those who are convicted of the crime are severe.
Five Arson Offences in the Criminal Code
Arson is defined as a criminal offence that involves intentionally or recklessly causing damage by fire or explosion to property. Part XI of the Criminal Code of Canada addresses “Wilful and Forbidden Acts in Respect of Certain Property” and contains five separate arson offences.
Arson – disregard for human life (section 433)
Section 433 sets out the most serious category of arson, which involves damaging property by starting a fire or causing an explosion with disregard for human life. Under this section, the accused must have known that the property where the fire occurred was occupied, and the fire or explosion must have produced bodily harm. An accused person convicted under section 433 is guilty of an indictable offence (i.e., a serious crime that’s prosecuted through a formal court process) and faces a maximum sentence of life in prison.
For example, in the 2018 case of R. v. Ludwig, the accused started a fire in his multi-unit townhouse. He did so by lighting a piece of paper attached to the base of his television, and the fire gradually spread. The other units were occupied at the time of the fire. Therefore, the Ontario Court of Appeal upheld the trial judge’s decision that the accused committed arson with disregard for human life.
Arson – damage to property (section 434)
Section 434 applies to any person who intentionally or recklessly causes a fire or explosion to property that they do not wholly own. This, too, is an indictable offence. If found guilty, the accused person faces a maximum of 14 years in prison.
In the 2015 case of R. v. Tatton, the accused started a fire at his ex-girlfriend’s house while in a state of self-induced intoxication. He placed a pan with oil on a stove, turned on the burner, and left the house. The accused was charged with arson causing property damage, contrary to section 434 of the Criminal Code.
Arson – own property (section 434.1)
Section 434.1 creates an indictable offence for any person who intentionally or recklessly causes a fire or explosion to their own property. Again, in this scenario, the accused person faces a maximum prison sentence of 14 years.
In R. v. Ludwig, the accused was charged under section 434.1, in addition to section 433, since he owned the property where he started a fire.
Arson – fraudulent purposes (section 435.1)
If a person causes a fire or explosion to property with the intent of defrauding another person or an organization, they can be charged under section 435(1). This is a hybrid offence: the Crown can choose whether to proceed with an indictment or summary conviction. Moreover, if the accused is the holder or named beneficiary of an insurance policy for the property in question, the court may infer from that fact that the accused had intent to defraud.
In R. v. Fraser, the accused was charged with fraudulently setting fire to a car. He was also a beneficiary under the car’s insurance policy. Thus, the accused was convicted under section 435.1, which provides that one’s beneficiary status constitutes proof of intent to defraud.
Arson – negligence (section 436)
The final arson offence, found under section 436(1), applies where a person who owns or controls a property departs from the standard of care that a reasonably prudent person would use to prevent or control fires or explosions. In other words, this charge does not require proof that the accused started the fire or caused the explosion. It is sufficient for the Crown to demonstrate that the accused’s actions were negligent and contributed to the incident.
If, for example, an electric fire spontaneously starts at a person’s property, and the property owner fails to take steps to extinguish it, they could be deemed liable under section 436.
Defences Against Arson Charges
Several possible defences are available to a person charged with one of the five arson offences. These defences include:
Not criminally responsible due to mental disorder
This defence applies where the accused was suffering from a mental disorder at the time of the act and was unable to appreciate the nature of the act or know that it was wrong. The defence effectively argues that the act was involuntary.
Lack of intent
If the act in question was purely accidental, the accused could claim that they did not intend to cause any damage. If successfully argued, this too could lead to an acquittal.
Automatism caused by intoxication
This controversial defence is very challenging to establish. If a person was in a state of automatism (i.e., their behaviour was unconscious) caused by intoxication at the time of the act, the accused could be acquitted.
Arson Charges Require Knowledgeable Legal Guidance
As recent events in Southern California reveal, fires can have catastrophic effects. Accordingly, Canada views arson as a serious criminal offence with significant legal repercussions. The appropriate defence to an arson charge will take into consideration the kind of arson at play (sections 433 through 436 of the Criminal Code) as well as the specific details of the case. The right legal team will conduct this exercise thoroughly and thoughtfully so that the rights of the person charged are protected.
Barrison & Manitius: Providing Experienced Representation in Arson Cases in Oshawa & Durham Region
If you have been charged with arson in Canada, it is vital to understand the parameters of the charge, which are laid out in Part XI of the Criminal Code of Canada. At Barrison & Manitius, our skilled criminal defence lawyers help you understand the legal framework surrounding arson and protect your rights. We take the time to listen to your situation and create effective legal defences to minimize the potentially devastating consequences of a criminal charge and ensure a fair and just outcome.
Conveniently located near the Durham Consolidated Courthouse, Barrison & Manitius maintains a 24/7 emergency call service for clients in immediate need. We proudly serve all of Durham Region, including Oshawa, Whitby, Ajax, Pickering, and the surrounding communities, including Cobourg, Peterborough, and Lindsay. To schedule a confidential consultation, please call us at 905-404-1947 (toll-free at 1-888-680-1947) or reach out online.