If you or a loved one is facing an arson charge in Toronto, you need help fast. It is a serious property crime.

Strategic Criminal Defence in Toronto has handled more than 1,000 criminal cases. We have over 120 five-star Google reviews. Our lead lawyer, Dylan Finlay, has been featured in local media and is well known in local courts.

Our team is ready 24/7 to help you. Talk to us before you talk to the police or your insurer. A lawyer from our team can:

  • Examine the evidence.
  • Work with fire experts.
  • Protect your rights.

We are available to start work on your defence immediately.

What should you do right now if you’re accused of arson?

Take these three steps first:

  1. Say as little as possible to police, fire investigators, or your insurance adjuster. Anything you say can be used against you.
  2. Save your own evidence right away. Phone records, receipts, and witness names can help prove where you were. Some of this evidence is only kept for a few months.
  3. Talk to a lawyer before you talk to your insurance company. Arson cases often overlap with insurance fraud claims. What you tell an adjuster can end up with the police.

Getting legal advice early gives you the best chance to protect your rights and your record.

Contact us for a free, no-obligation consultation.

What counts as arson under Canadian law?

Arson is not just one charge. There are five different offences under Part XI of the Criminal Code. The charge you face sets the maximum penalty you could get.

TYPE OF ARSON CRIMINAL CODE SECTION WHAT IT MEANS MAXIMUM PENALTY
Disregard for human life s. 433 Setting a fire that puts someone's life at risk. Life imprisonment
Damage to property you don't fully own s. 434 Damaging property you don't fully own by fire. 14 years
Damage to your own property that endangers others s. 434.1 Damaging your own property in a way that puts others at risk. 14 years
Fraudulent purpose (insurance fraud) s. 435 Setting a fire to collect on an insurance claim. 10 years, or summary conviction
By negligence s. 436 Causing a fire through careless behaviour, not on purpose. 5 years, or summary conviction

Two of these charges are hybrid offences. That means the Crown can choose to treat them as less serious. This choice can change your case a lot, and a defence lawyer can often push for the lighter path.

What could happen to you if you’re convicted?

A conviction can mean more than time in prison. The court can also:

  • Order you to pay for the damage.
  • Add your DNA to a national database.
  • Leave a criminal record that shows up on background checks.
  • Create immigration status problems for non-Canadian citizens.

You may also face a bail hearing and bail conditions while your case moves through the courts. These often depend on the details of your alleged offence:

  • A curfew or house arrest, if the fire happened at night or while you were drinking.
  • A ban on owning matches, lighters, gas, or other fire-starting items.
  • No drugs, alcohol, or weapons.
  • No travel if the Crown sees you as a flight risk.

Breaking any of these rules can lead to new charges on top of your original one.

What defences can beat an arson charge?

Arson charges are hard for the Crown to prove. The case often rests on fire science, which can be challenged. Common defences include:

  • No intent to cause harm. If the fire was an accident, the Crown cannot prove the case.
  • Mistaken identity. A strong alibi can raise doubt about who started the fire.
  • A Charter breach. If police withheld evidence or improperly took a statement, the charge could be reduced or dropped.
  • Lawful excuse. This applies if you truly believed you had the right to act as you did.
  • Not criminally responsible due to a mental disorder. This is hard to prove, and it leads to a different result than a not guilty verdict.

We work with independent fire experts to check burn patterns and challenge the investigation. We also gather security footage and witness statements to build your defence.

What happens during and after an arrest for arson in Toronto?

Fire investigators usually start at the scene. They gather physical evidence while police talk to witnesses and look for a motive. Once they identify a cause and a suspect, police either make an arrest or obtain a warrant.

If you are arrested, you will be taken to a nearby police station. Police will take your fingerprints and photo. If they do not release you, they must bring you to court for a bail hearing within 24 hours.

What happens at court?

Adult bail hearings in Toronto are held at the Toronto Regional Bail Centre on Finch Avenue West. Some hearings are held by video link from a detention centre instead.

From there, your case moves through several steps. This includes your bail hearing, your election and plea, and, if needed, a trial.

Most Toronto criminal cases, including arson trials, are heard at the Ontario Court of Justice on Armoury Street. Your Strategic Criminal Defence lawyer can guide you through each step and appear with you at every court date.

How can a Strategic Criminal Defence arson lawyer help you?

We get involved early, often before charges are laid. We know what evidence matters most in arson cases, including cases tied to insurance fraud.

Our team hires outside fire experts. We gather security footage and look for problems in how evidence was collected. We also talk with the Crown when that helps you. Dylan Finlay and his team regularly challenge police evidence in Toronto courts. That experience helps when we challenge a fire investigation.

Can an arson charge be resolved without a criminal record?

Programs like the Direct Accountability Program can resolve smaller arson cases without a conviction, which results in no criminal record. Arson is usually a serious offence, so options are more limited than for many other, less serious crimes. Sometimes, we may be able to discuss:

Whether you qualify depends on your case. Your lawyer can tell you early on what your realistic options are.

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“Does what he says he is going to do”

“Fantastic lawyer. I felt totally taken care of. Dylan does what he says he is going to do. Thanks so much”

M.A.

“Truly top tier”

“I had the pleasure of working with Lorant Kiss. I can’t speak highly enough about my experience with him and his firm. Extremely knowledgeable, professional and responsive. I wouldn’t have rather worked with anyone else – I always felt informed, supported and confident I was in good hands. If you’re looking for a great lawyer Lorant is truly top tier. I’m beyond grateful for his help!”

S.M.

“Not only great people but also exceptional lawyers”

“If you find yourself facing criminal charges, your first step should be to contact a Strategic Criminal Defence attorney. From my initial interaction with the firm until the day the charges were withdrawn, I felt assured knowing I had an excellent lawyer supporting me. There aren’t enough positive words to describe this firm; if you’re facing a challenge, there’s no one better to have by your side. They are not only great people but also exceptional lawyers.”

D.J.H

FAQs about arson charges

Only a conviction goes on your criminal record. A charge that does not result in a conviction will not appear there, but it may still appear in police records.

Yes. Depending on the charge, you could face 5, 10, 14, or life in prison. A summary (less serious) conviction carries a maximum of 2 years.

It depends on your bail conditions. Since courts treat arson as very serious, a travel ban is common, especially if the Crown thinks you might flee.

You only have to disclose a conviction, not a charge. Even then, an employer usually cannot refuse to hire you because of it. They would need to show it affects the job.

Contact us for a free, no-obligation consultation.