Arson Lawyers Toronto

Written by Daniel Brown

Etching of a single wooden match, freshly struck, with a burnt orange flame and a curl of smoke, on white paper

Arson is intentionally or recklessly causing damage by fire or explosion to property, under sections 433 to 436.1 of the Criminal Code. Where the person knew or was reckless about whether the property was inhabited or occupied, or the fire caused bodily harm, the maximum is life imprisonment. Arson that damages property not wholly owned by the accused carries up to 14 years. Our lawyers defend arson and other fire-related charges in Toronto and across the GTA.

Defending arson charges in Ontario

The Criminal Code sets out six fire offences, from a careless fire in a building you control to setting fire to a home with people inside. Which one is charged decides whether the maximum is five years or life.

Arson cases often turn on expert evidence about where and how a fire started, and on what the accused actually foresaw. Recklessness is not carelessness: the Crown has to prove that the accused saw the risk of fire damage and went ahead anyway.

Daniel Brown Law defends arson charges across the Greater Toronto Area and Ontario, including Toronto, Newmarket, Oshawa, Brampton, Milton, and Hamilton. Daniel Brown Law is recognized among Canada’s top criminal defence firms — see our recognition below.

If you or someone you know has been charged with arson, contact our office immediately at (416) 297-7200.

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See the defences
The charge
Criminal Code ss. 433–436.1Arson and other fire offences
Crown must prove
Damage by fire or explosionCaused intentionally or recklessly, or by a marked departure from reasonable care
Maximum sentence
Life where lives are at risk14 years for damage to property
Discharge
Not availableFor arson carrying 14 years or life

What counts as arson in Canada?

Arson is not one offence but a ladder of them. The step depends on what the accused knew or foresaw, who owned the property, and whether anyone was hurt or put at risk.

Sections 429 and 433 to 436.1 of the Criminal Code. Damage to property without fire or explosion is covered on our page on mischief charges.

Key considerations

Fire or explosion

Every arson offence requires damage caused by fire or by an explosion. “Damage” means causing harm. It includes real physical harm and also a reduction in the property’s value.

Intentionally or recklessly

Recklessness requires proof that the accused actually foresaw probable damage by fire to the property and went ahead in the face of that risk. Carelessness, without that foresight, is not arson under sections 433 to 434.1.

Inhabited, occupied, or injured

The most serious arson charge applies where the accused knew or was reckless about whether the property was inhabited or occupied, or where the fire or explosion caused bodily harm to another person. It applies whether or not the accused owned the property.

Whose property it was

Arson damaging property applies to property not wholly owned by the accused, so a part-owner can be guilty. Under the general rule for property offences, owning all of what was destroyed is only an offence if an intent to defraud is proved, unless one of the sections that applies to your own property is charged.

Your own property, others at risk

Setting fire to property you own, in whole or in part, is an offence where the fire or explosion seriously threatens the health, safety, or property of another person. Knowing the likely consequences is not an essential element of this offence.

Colour of right is a defence

No one can be convicted of an arson offence if they acted with legal justification or excuse, or with colour of right: an honest belief in a state of facts or law that, if true, would justify what they did.

What is arson for a fraudulent purpose?

It is an offence to cause damage by fire or explosion to property with intent to defraud any other person, whether or not the accused owns the property in whole or in part. These charges usually arise from an insurance claim after a fire.

Being insured can support an inference

The fact that the accused held, or was named as a beneficiary under, a fire insurance policy on the property is a fact from which the court may infer an intent to defraud. It is an inference the court may draw, not one it must draw.

Dishonesty by community standards

The requirement of a fraudulent purpose brings in an element of dishonesty, measured against community standards. Having insurance is not, on its own, proof of a dishonest purpose.

Contents insurance is not enough

The inference does not apply on a charge of burning premises where the accused was insured only against loss of personal contents.

A hybrid offence

Arson for a fraudulent purpose can be prosecuted by indictment, with a maximum of 10 years, or by summary conviction. A related fraud charge is often laid for the insurance claim itself.

What other fire-related charges are there?

Two further fire offences do not require an intent to damage anything.

Etching of a metal fuel can with a cloth rag draped over it beside a box of matches, on white paper

Arson by negligence (s. 436)

A person who owns, in whole or in part, or controls property commits this offence if a marked departure from the standard of care a reasonably prudent person would use to prevent or control the spread of fires, or to prevent explosions, makes them a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property. Hybrid, up to 5 years.

A duty to control the spread

The duty extends to controlling the spread of a fire, even one first started by something other than the accused. The Crown must prove a causal link between the accused’s breach of duty, the spread, and the bodily harm or damage.

Fire-code breaches

A failure to comply with any law on preventing or controlling fires or explosions in the property is a fact from which the court may infer a marked departure from the standard of care.

Possession of incendiary material (s. 436.1)

Possessing any incendiary material, incendiary device, or explosive substance for the purpose of committing one of the arson offences. The purpose is the heart of the charge: fuel and matches are lawful to own. Hybrid, up to 5 years.

How do you defend an arson charge?

Each defence answers a different part of the Crown’s case.

Etching of a magnifying glass held over a cracked piece of charred wood, with burnt orange glowing in the cracks, on white paper

The fire was an accident

Attacks: the cause

Fires start from wiring, appliances, smoking, and many other accidental causes. The origin-and-cause opinion of a fire investigator is often the centre of the case, and it can be tested with a defence expert.

There was no foresight of the risk

Attacks: recklessness

Recklessness needs actual foresight of probable fire damage. A careless act, without that foresight, is not arson under sections 433 to 434.1.

The accused did not know anyone was there

Attacks: the aggravating element

The life-maximum charge requires knowledge of, or recklessness about, whether the property was inhabited or occupied, unless bodily harm was caused. Without it, the most that can be proven may be a 14-year offence or mischief.

There was no intent to defraud

Attacks: the fraudulent purpose

Holding an insurance policy only permits an inference. A legitimate explanation, or insurance that covered only personal contents, can answer it.

It was not you

Attacks: identity

Arson cases often rest on video, phone location, fuel purchases, or a motive theory. Each has limits, and motive alone does not prove who set a fire.

The evidence was obtained unlawfully

Attacks: the evidence itself

Charter rights breaches: excluding evidence from an unlawful search of the fire scene, a home, or a phone, or a statement taken without access to a lawyer.

Do not give the police, the fire marshal, or an insurance investigator a statement before you get legal advice. What you say about the fire, your finances, or your insurance can be used against you.

What is the sentence for arson in Canada?

Arson with disregard for human life carries a maximum of life imprisonment. Arson damaging property, including your own property where others are put at risk, carries up to 14 years. There is no mandatory minimum.

Charge Maximum Mandatory minimum
Arson — disregard for human lifes. 433 — indictable only Life None
Arson — damage to propertys. 434 — indictable only 14 years None
Arson — own propertys. 434.1 — indictable only 14 years None
Arson for a fraudulent purposes. 435 — hybrid 10 years None
Arson by negligences. 436 — hybrid 5 years None
Possession of incendiary materials. 436.1 — hybrid 5 years None

Arson with disregard for human life, arson damaging property, and arson of your own property can only be prosecuted by indictment. Because their maximums are life or 14 years, a discharge is not available. Arson for a fraudulent purpose, arson by negligence, and possession of incendiary material are hybrid: the Crown can proceed by indictment, with the maximums above, or by summary conviction, with lower maximums.

The charge of arson with disregard for human life does not, on its face, include arson damaging property as a lesser offence, although it does include mischief.

Consequences of an arson conviction

An arson conviction goes far beyond jail time. Collateral consequences can include:

  • Job loss and disqualification from certain professions
  • Immigration problems, including possible deportation for non-citizens
  • Denial of entry into the United States and other countries
  • A criminal record stored in the national CPIC database
  • Restitution orders to repay the cost of the damage, and denied or voided insurance claims

For more on collateral impacts, see our page on the immigration consequences of a criminal charge.

Why choose Daniel Brown Law for your arson case?

Arson can carry a maximum of life, and the case usually depends on expert fire evidence. The lawyer hired in the first 48 hours often shapes the entire case — the bail hearing, the fire scene evidence, and which charge the Crown can actually prove.

A nationally recognized defence firm

Daniel Brown Law is consistently recognized as one of Canada’s leading criminal defence firms. Canadian Lawyer ranks it among Canada’s top criminal law boutiques, The Globe and Mail names it one of Canada’s Best Law Firms, Best Law Firms ranks it Tier 1 for criminal defence, and Toronto Star readers have repeatedly voted it Best Law Firm.

A boutique focused on criminal defence

Daniel Brown Law represents people charged with crimes — that is all the firm does. Our lawyers have defended serious property and violence cases at every level of court in Ontario, from first-appearance bail hearings to contested jury trials to appeals at the Court of Appeal for Ontario.

Fire evidence, tested properly

Origin-and-cause reports, accelerant testing, and fire scene photographs are often the whole case. We test how the investigation was done and whether accidental causes were properly ruled out.

Bail-stage urgency

Arson charges often bring a contested bail hearing, especially where a home was involved. We prepare bail materials with the same care most firms reserve for trial — identifying sureties, anticipating Crown concerns, and framing a release plan a justice will accept.

Trial and appellate capability under one roof

With a maximum of life, an appeal is often part of the conversation from the start. Our lawyers handle both stages, so the trial record is built with appellate review in mind. Read more about our criminal appeals practice.

Across the GTA and Ontario

We appear regularly in Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie courthouses, and travel to other Ontario courts as a case requires.

Recognized by the profession and the public

Daniel Brown Law is named one of Canada’s Best Law Firms by The Globe and Mail, ranked among Canada’s top criminal law boutiques by Canadian Lawyer, ranked Tier 1 for criminal defence by Best Law Firms, and voted Best Law Firm by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.

The Globe and Mail Best Law Firms 2026, Criminal Law

Best Law Firms: Criminal Law

The Globe and Mail, 2026

Canadian Lawyer Top Criminal Law Boutique 2026-27

Top Criminal Law Boutique

Canadian Lawyer, 2026–27

Best Law Firms Canada, Criminal Defence Tier 1, 2026

Criminal Defence, Tier 1

Best Law Firms Canada, 2026

Best Lawyers in Canada 2027, Daniel Brown Law

Best Lawyers in Canada

Criminal Defence, 2027

Chambers Canada 2027, Ranked in Canada, Daniel Brown Law

Crime, Nationwide

Chambers Canada, 2027

Toronto Star Readers' Choice winner seal

Toronto Star Readers’ Choice

Best Law Firm and Best Legal Services, repeat winner

Daniel Brown Law is consistently recognized as one of Canada's leading criminal defence firms.

What happens after an arson charge?

The first weeks after an arson charge, and above all the bail hearing and the fire scene evidence, often shape the whole case.

  1. Arrest and the bail hearing

    Arson charges, especially where a home or people were at risk, often lead to a contested bail hearing. We prepare the release plan and sureties before the hearing.

  2. Disclosure

    The Crown must disclose its case: the fire investigator’s origin-and-cause report, lab results, video, phone records, insurance records, witness statements, and any statement you made. We test all of it.

  3. Election and preliminary inquiry

    For arson carrying 14 years or life, you choose how to be tried — by a provincial court judge, a superior court judge alone, or a judge and jury. If you choose the Superior Court, you can ask for a preliminary inquiry, which is held in the Ontario Court of Justice before the case goes to the Superior Court, to test the evidence before trial.

  4. Resolution

    Many arson cases resolve without a trial: charges withdrawn, reduced to a lesser charge such as mischief or arson by negligence, or a negotiated sentence.

  5. Trial, and appeal if needed

    At trial the Crown must prove every element beyond a reasonable doubt. A conviction or sentence can be appealed.

Frequently asked questions about arson charges

Plain answers to the questions people ask most after an arson charge.

The charge

What is arson?

Arson is intentionally or recklessly causing damage by fire or explosion to property. The Criminal Code sets out arson with disregard for human life, arson damaging property, arson of your own property, arson for a fraudulent purpose, arson by negligence, and possession of incendiary material.

What is arson with disregard for human life?

Intentionally or recklessly causing damage by fire or explosion to property, whether or not you own it, where you know or are reckless about whether the property is inhabited or occupied, or where the fire or explosion causes bodily harm to another person. It is indictable, with a maximum of life imprisonment.

What does “reckless” mean for arson?

Recklessness requires proof that the accused actually foresaw probable damage by fire to the property and went ahead in the face of that risk.

What counts as “damage”?

Causing harm. It includes real physical harm and also a reduction in the property’s value.

Can I be charged with arson for burning my own property?

Yes, in three situations: where you knew or were reckless about whether it was inhabited or occupied, or the fire caused bodily harm; where the fire or explosion seriously threatened the health, safety, or property of another person; or where you intended to defraud someone, such as an insurer. Owning part of the property is not a defence to arson damaging property.

What is possession of incendiary material?

Possessing any incendiary material, incendiary device, or explosive substance for the purpose of committing an arson offence. It is a hybrid offence with a maximum of 5 years by indictment.

Fraud, negligence, and defences

Does having fire insurance prove I set the fire for money?

No. The fact that you held, or were a named beneficiary under, a fire insurance policy on the property is a fact from which the court may infer an intent to defraud. The requirement of a fraudulent purpose brings in dishonesty measured by community standards, and the inference does not apply on a charge of burning premises where you were insured only for personal contents.

What is arson by negligence?

Being a cause of a fire or explosion in property you own, in whole or in part, or control, through a marked departure from the standard of care a reasonably prudent person would use to prevent or control the spread of fires or prevent explosions, where it causes bodily harm or damage to property. It is hybrid, with a maximum of 5 years by indictment.

Can I be guilty of arson by negligence if I did not start the fire?

Yes. The offence imposes a duty to control the spread of a fire, even one first caused by something else. The Crown must prove a causal connection between your breach of that duty, the spread, and the bodily harm or damage. A failure to follow fire prevention laws can support an inference of a marked departure from the standard of care.

What are the defences to arson?

Common defences include an accidental cause, no foresight of the risk, no knowledge that the property was occupied, no intent to defraud, identity, and Charter breaches. Legal justification or excuse, or colour of right, is also a defence to every arson offence.

Is mischief included in an arson charge?

Yes. Arson with disregard for human life includes mischief as a lesser offence. It does not, on its face, include arson damaging property.

Sentencing and bail

What is the sentence for arson?

Arson with disregard for human life carries a maximum of life imprisonment. Arson damaging property and arson of your own property each carry up to 14 years. Arson for a fraudulent purpose carries up to 10 years, and arson by negligence and possession of incendiary material up to 5 years. There is no mandatory minimum.

Can I get a discharge for arson?

Not for arson with disregard for human life, arson damaging property, or arson of your own property, because their maximums are life or 14 years. For the hybrid fire offences, a discharge can be available where it is in your interest and not contrary to the public interest.

What happens at bail on an arson charge?

The Crown usually has to show why detention is justified, but arson charges involving a home or a risk to people are treated seriously, and a strong release plan matters. Learn more on our page about Toronto bail hearings.

What charges are laid alongside arson?

Arson charges often arrive alongside mischief, fraud, break and enter, uttering threats, or failing to comply with bail conditions.

Charges we defend

Learn more about some of the charges we defend. We also defend charges not listed here.

Charged with arson? Speak with Daniel Brown Law

Call Daniel Brown Law at (416) 297-7200 for a confidential consultation. We appear in courts across the GTA and Ontario.

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