Crackdown on Wildfires and Worship Arson

Summary#

This bill changes Canada’s Criminal Code to add two new crimes: causing a wildfire and damaging a place of worship by fire or explosion. It also tells judges to treat certain outcomes as “aggravating” when sentencing for arson by negligence. The bill adds the new crimes to the list that can justify wiretap warrants and updates a clause about offences related to cultural property.

• Creates a stand‑alone offence for intentionally causing a wildfire, with jail or fine penalties (s. 435.1).
• Creates a stand‑alone offence for intentionally damaging a place of worship by fire or explosion, with mandatory minimum prison terms if prosecuted by indictment (s. 435.2).
• Requires judges to treat a resulting wildfire or the destruction of a place of worship as an aggravating factor in negligent arson cases and to state this on the record (s. 436(3)).
• Adds the two new offences to the list of crimes for which police may seek wiretap warrants (s. 183(lxxix.1), (lxxix.2)).
• Effective on Royal Assent; the bill has no delayed start date in its text.

What it means for you#

• Households and visitors near forests or grasslands

  • Intentionally causing an “uncontrolled fire in a forest or grassland” becomes a specific crime. Penalties include up to 14 years in prison on a first indictable offence, life on later offences, or fines up to $100,000 (first) and $250,000 (later) if prosecuted summarily (s. 435.1(1)–(2)). Takes effect on Royal Assent.

• Faith communities and owners of places of worship

  • Intentionally damaging a place of worship by fire or explosion becomes a specific crime. If prosecuted by indictment, mandatory minimum prison terms apply: at least 5 years (first offence) and at least 7 years (subsequent), with maximums of 14 years and life, respectively (s. 435.2(1)(a)). “Place of worship” includes buildings primarily used for religious worship, such as churches, mosques, synagogues, and temples (s. 435.2(2)). Takes effect on Royal Assent.

• People charged or convicted of arson by negligence

  • If the negligent fire caused a wildfire or destroyed a place of worship, the judge must treat that as an aggravating factor and must state on the record how it affected the sentence (s. 436(3)). This can increase sentence length.

• Law enforcement and prosecutors

  • The two new offences are added to the list that can justify a judge‑approved wiretap during an investigation (s. 183(lxxix.1), (lxxix.2)). This can expand investigative tools.
  • Both new crimes are hybrid offences. The Crown may choose to proceed by indictment (higher penalties) or by summary conviction (lower penalties) (s. 435.1(1), 435.2(1)).

• Cultural property stakeholders (museums, collectors, dealers)

  • The bill updates a clause on offences related to cultural property committed outside Canada so they can be treated as committed in Canada under certain conditions (s. 7(2.01)). This concerns listed property offences and is not limited to arson.

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note or appropriation is stated in the bill text. Data unavailable.
• The bill sets maximum fines for the wildfire offence when prosecuted summarily: up to $100,000 (first offence) and up to $250,000 (subsequent) (s. 435.1(1)(b)).
• Possible impacts on policing, courts, and corrections depend on charging and sentencing patterns. Data unavailable.

Proponents' View#

• Targets high‑harm fires directly by creating a specific wildfire offence with strong penalties, including up to 14 years for a first indictable offence and life for later offences (s. 435.1(1)(a)).
• Provides clear protection for places of worship with mandatory minimum prison terms for intentional fire or explosion damage, reflecting the seriousness of these acts (5‑year and 7‑year minimums; s. 435.2(1)(a)).
• Ensures more serious sentences in negligent arson cases when the outcome is especially harmful (wildfire or destruction of a place of worship) and requires transparency on the record (s. 436(3)).
• Enhances investigations by allowing police to seek wiretap warrants for the new arson offences, aligning them with other serious crimes on the intercept list (s. 183(lxxix.1), (lxxix.2)).
• Uses precise definitions (“wildfire” and “place of worship”) to guide charging decisions and court rulings (s. 435.1(2), 435.2(2)).

Opponents' View#

• Mandatory minimum sentences for arson against places of worship limit judicial discretion and can increase prison terms across a wide range of cases, regardless of circumstances (s. 435.2(1)(a)). Potential correctional costs are unknown (Data unavailable).
• The wildfire offence requires proof of intent, which may be hard to establish; many damaging fires arise from negligence, so the new offence may have limited reach compared to expectations (s. 435.1(1)).
• Expanding wiretap‑eligible offences increases the use of intrusive surveillance tools; oversight remains through judicial authorization, but broader eligibility can affect privacy during investigations (s. 183(lxxix.1), (lxxix.2)).
• The definition of “place of worship” focuses on buildings “primarily used” for worship, which may exclude multi‑use or informal spaces and could create uneven protection (s. 435.2(2)).
• Adding aggravating factors for negligent arson may raise sentences without added resources for courts, legal aid, or corrections, risking delays or bottlenecks. Data on system capacity impacts is unavailable.