Arson is a serious property crime. An investigation can turn your life upside down before you even see a courtroom.

Our Victoria team reviews the fire investigator’s findings, the forensic evidence, and the Crown’s theory of the case. We work to find the weakest points in the file against you as we build your defence.

Criminal defence is all our team does:

  • 40+ combined years of criminal defence experience across Vancouver Island and BC courts.
  • 75+ five-star Google reviews since our office opened in 2021.
  • Winner of the Consumer Choice Award for Best Criminal Defence Firm in Victoria.
  • Featured in CBC News, CTV News, and Yahoo News for our criminal defence work.

We’re available 24/7 for urgent arrests and investigations.

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

The decisions you make right after a fire can shape the rest of your case.

Here’s what we recommend:

  1. Don’t speak to investigators without a lawyer present. Fire investigators often work alongside police. Statements you give them can become evidence against you.
  2. Don’t disturb the fire scene or dispose of damaged items. Investigators may need to examine debris, wiring, or appliances. Removing or discarding anything, even during cleanup, can appear to be an attempt to destroy evidence.
  3. Call a Victoria arson lawyer as soon as you learn you’re under investigation. Arson cases often move fast once a fire marshal files a report. Early legal advice matters.

Evidence can disappear quickly in arson cases. Calling a lawyer even before you’re charged can sometimes stop the investigation from advancing at all.

Contact us for a free, no-obligation consultation.

What is arson, and what are the penalties?

The Criminal Code splits arson into several distinct charges. The charge that the Crown chooses depends on intent, ownership, and whether anyone was put at risk. The table below breaks it down.

CHARGE WHAT IT MEANS MAXIMUM PENALTY
Arson, disregard for human life (s. 433) Setting a fire or explosion, knowing or not caring whether people were inside, or causing bodily harm. Life imprisonment (indictable only)
Arson, damage to property (s. 434) Setting a fire or explosion that damages property you do not fully own. 14 years (indictable only)
Arson, damage to your own property (s. 434.1) Setting a fire or explosion to property you own that puts someone else's health, safety, or property at serious risk. 14 years (indictable only)
Arson for a fraudulent purpose (s. 435) Setting a fire with intent to defraud, such as an insurance claim. 10 years (indictable) or 2 years less a day (summary)
Arson by negligence (s. 436) Failing to meet a reasonable standard of care over property you own or control, causing a fire that harms someone or damages property. 5 years (indictable) or 2 years less a day (summary)

Arson charges involving disregard for human life and damage to property (even your own property) are indictable only. That could mean a lengthy prison term, with no chance of prosecution as a lesser summary offence. That makes a professional defence from an arson lawyer essential.

What is the long-term impact of a conviction?

Depending on the precise charge, a conviction for arson carries some of the harshest consequences in the Criminal Code.

Beyond the potential incarceration, the long-term effects of a criminal record may be seen in:

  • Future employment restrictions due to criminal background checks.
  • Travel difficulties, including possible denial of entry to the United States.
  • Financial penalties if you’re ordered to repay the victim or insurer for the value of the property destroyed.
  • Immigration consequences for non-Canadian citizens, including possible removal from Canada under the Immigration and Refugee Protection Act (IRPA).

As soon as we’re brought into your case, we work to prevent such consequences. We understand your future may be on the line, and we will do everything we can to protect it.

How can Strategic Criminal Defence help you?

Julia Hunter leads our Victoria team. She spent a decade working within the Crown Prosecution Service and the Judges’ Chambers. That experience provides insight into how the Crown builds serious property cases, such as arson.

How do we help after an arrest?

If you’re arrested, the police may hold you at the Victoria Police Department at 850 Caledonia Avenue. They then decide whether to release you or seek a bail hearing.

Given the seriousness of most arson charges, the Crown often opposes release. Your lawyer’s arguments at the bail hearing carry real weight.

However, if you’re released, you’ll usually have to follow tight bail conditions, such as:

  • Regular check-ins with a bail supervisor or the police.
  • A strict curfew or house arrest.
  • A no-contact order barring you from contacting co-accused persons, witnesses, or the property owner.
  • A requirement to stay away from the property where the fire occurred.
  • A ban on possessing accelerants, incendiary devices, or other fire-starting materials.

If you’re not released, you may be detained at the Vancouver Island Regional Correctional Centre in Saanich until your case is over.

Can we prevent a trial and a criminal record?

At your first court appearance at the Victoria Law Courts on Burdett Avenue, we can request the Crown’s disclosure package. This includes the fire investigator’s report and other evidence against you. We examine this and start building your defence.

We can also start negotiating with the Crown Prosecution Service. That could lead to a reduced charge in some cases.

Some pre-trial resolutions in less serious arson cases include:

  • A charge reduction if the evidence does not support intent or recklessness.
  • A stay or withdrawal of charges if the fire investigation cannot reliably establish how or why the fire started.
  • A conditional discharge for a negligence-based charge (no criminal record).
  • A peace bond lets you avoid prosecution if you agree to keep the peace for a set period.

Whether any of these apply depends heavily on which arson charge you face. The indictable-only offences leave far less room to negotiate than the hybrid ones.

If a trial is necessary, we will represent you, usually at the Supreme Court of British Columbia. We’ve represented hundreds of clients facing serious criminal charges across Greater Victoria, the West Shore, and Vancouver Island.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

“A combination of youthful energy and valuable experience”

“From the first phone call, Julia inspired confidence and was reassuring. She treated me with respect and really listened. She has a combination of youthful energy and valuable experience. She communicated with the prosecutor, and no charges were approved against me. This all ended without having to go to trial.”

J.Y.

“Educated, thorough, and decisive”

“Julia Hunter was excellent, she handled my case swiftly with professionalism. Educated, thorough and decisive is how I would describe her.”

A.H.

“Helped me get possibly the best outcome”

“Great service from Julia, always very easy to contact and explained everything very well to me. She helped me get possibly the best outcome from my case. She was always very helpful throughout the whole process. 5 stars!”

E.F.

What defences can protect you in an arson case?

Depending on the precise charge and the evidence, we may argue:

  • The fire was accidental, not intentional or reckless. This is common with faulty wiring, appliance failures, or other electrical causes.
  • The fire investigation used outdated or unreliable methods to determine the fire’s origin and cause.
  • You were not the person who started the fire. This can be a defence in cases built on circumstantial evidence.
  • You lacked the intent to defraud anyone. This can be used if the Crown alleges the fire was set for insurance money.

Having a lawyer who understands fire science, the local courthouse, and the people who work there can provide an advantage.

Frequently asked questions

Not necessarily. The charge is serious, but the outcome depends on the evidence, your history, and how quickly you get legal help. A strong defence can lead to a reduced charge, an acquittal, or a resolution that avoids a criminal record.

Yes. Fire science has advanced significantly. Techniques once considered reliable have since been shown to produce false conclusions. An independent review of the evidence can uncover these issues.

Yes. Statements made to fire investigators or police during an investigation can lead directly to a charge. Legal advice beforehand can prevent this and may stop the investigation from advancing.

Owning the property does not protect you from a charge. Under section 434.1, setting a fire to your own property is still a crime if it puts someone else’s health, safety, or property at serious risk.

Contact us for a free, no-obligation consultation.

Verified By:  Julia Hunter, Criminal Defence Lawyer

Last Modified: September 14, 2026

Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.