Everyone, like the proverbial moth, is pulled to the flames. The licking fire is often enthralling and mysterious, but we can only enjoy its satisfying glow when it is under some form of control. As the western part of this country burns without restraint, the sometimes comforting flames are now satanic; on the move and destroying all things past and present in its path. The sound comes first, then the whirling winds, and finally the advancing ox blood coloured inferno comes into view.
Even those some distance away in the remote towns and villages are part of this theatre of fire, wholly engulfed by smoke, black strings of soot dangling in the air and falling lazily at ones feet. Thousands of kilometres away the sunsets are tainted, the smoke having migrated across the country making the sun take on an orangish hue, the colour of our often imagined doomsday.
This is mother nature in one of its dazzling incarnations. But, this is not new. It happens regularly in this part of the world, some say with more regularity, because of climate change. The last time it moved with such all-encompassing destruction was in 2017.
Some of those fires is the coming together of dry, parched ground being struck many times over by lightning; thunder announcing the attack, mother nature venting.
Other fires are not manifestations of nature or climate change, they are our own doing.
Negligent humans often at the root of the resulting financial and personal devastation. Flung cigarettes from car windows, sparks from work tools sparking in dry tinder, or the insufficiently doused campfire– all are “human” causes.
The darkest of these human possibilities and the subject of this blog is that human being who feels some internal need to start his or her own fire. The criminal arsonist who lives amongst us.
Between 2016 and 2020 according to the Congressional research service in the United States 88% of wildfires are “human” caused.
The Province of British Columbia estimates that only 40% of wildfires in this Province are “human-caused”. This is a statistical difference for which there is no explanation, but may lie in the nature of the survey. Recently there were about 300 firs burning in British Columbia, so about 120 of those fires, going by the statistics of the Provincial government are in all probability “human” caused.
Negligent behaviour aside, a portion of that 120 will be the result of the deliberate starting of fires, an arsonist at work. We can only guess at the actual number of arsons due to the nature and style of the government reporting and often because those that investigate these fires can not confirm the root cause.
On their web site the British Columbia government laments that investigations of those fires “often take time to complete and can be very complex”; that the investigations themselves may be carried out by “one or more agencies, including the B.C. Wildfire Service, the Compliance and Enforcement Branch, the RCMP or other law enforcement agencies, and some investigations may be cross-jurisdictional”. Without a single investigatory unit, maybe therein lies part of the problem.
Arson should not be considered a small problem. By way of comparison, in 2019 there were 678 homicides in Canada while there were 8,190 arsons. In 2014 the national rate of arsons was 23.87 per 100,000 population. Nunavut had the lowest overall total of arsons, however, the highest rate of arson in the country, three times the national rate —at 87.47 per 100,000.
From 2010-2014 there were 38,844 fire incidents in Canada, 19,062 structural fires while 5,071 were “outdoor fires”.
So it behooves us to ask where are the resulting arson related criminal charges? What is the status of all or any investigations? Who is conducting them? Who are these arsonists?
Psychologist Joel Dvoskia Phd. states that “the truth is, very little is known about arsonists because so few arsons are solved”. He goes on to say that when they are solved “it is because the arsonist can’t keep his mouth shut”. When asked to analyze the California wildfires where 600,000 hectares burned and 2,000 homes were lost, and where some of the root causes pertained to arson, the Dr. says that often the “most common reason is profit” but in that case “anger is the more likely explanation”.
In 1987 the FBI studied and tried to create a profile of the typical arsonist. What they discovered in reviewing hundreds of cases was that in terms of “behavioural IQ” the typical arsonist had a mental of IQ of between 70 and 90. Seventy of course is the top level for people who are considered mentally “challenged” or deficient. 90% of all arsonists are caucasian males (as if us white males needed any more listed deficiencies—we also have a claim on serial killers). In 2012 the FBI found that 73.8% of arsonists were male.
Half of all the arsonists profiled were under the age of 18, and the other half were most likely to be in their 20’s. These future criminals were unsurprisingly often neglected as children and had a “history of abuse and humiliation”.
In terms of the Criminal Code and the law in this country, arson is covered in Section 433 which defines arson— and it also gets honourable mention in the murder section 230, where arson is named as a possible lead in to the charge of murder.
When one examines this definition of arson, one discovers one of the other possible reasons that the charges for it are minimal. It states that for a charge of arson there must be a “disregard for human life” and a charge of arson is when “any person intentionally or recklessly causes damage by fire”. The operable word in the latter explanation and the one that any defence lawyer will seize upon is “recklessly”. What is “reckless” ? Recently there was a report of a car travelling down the highway pulling a broken muffler and sparking flames enroute. Is this reckless? If one could assume that the typical arsonist is below average intelligence, proving intent may in of itself be difficult. Undefined words such as these allows lawyers to go down the rabbit hole into that subterranean world where they work and thrive.
It is possible to charge for an arson which has been created by a “marked departure from the standard of care”. This carries a maximum sentence of five years. Again, try and define “marked”.
When you do see criminal charges of arson, as few and far between as they are, it is often the mental health act and the nature of the act forms part of a deeper psychological problem which is very much in evidence. Here are some examples.
The Powerview RCMP responded to a fire on Hwy 11 on Sagkeeng First Nation where a 44 year old male, Quinton Courchene tried to burn a house down with two individuals inside. He was waiting at the scene of the fire when the police arrived.
In July of this year in West Kelowna a 36 year old male was arrested after being located in the area for setting a series of fires. The local public became enraged when a local Judge released the male back into the Glenrosa neighbourhood shortly after his arrest.
In Port Alberni the police arrested a female who was setting fires in the city parks.
A woman in Bonnyville Alberta was charged with 32 counts of arson after a spree of setting fires in the area. In this case there is an abundance of mental health issues.
In June of this year the Wetaskwin RCMP arrested three males: Linden Buffalo, Jake Green and Donovan Lightning, all were charged with murder and arson after the remains of Clifford Stauffer was found inside a structure that was burned to the ground.
In checking the literature for the last ten years in terms of court cases and case law emanating from arson charges– none of those cited were found for the lighting and starting of wildfires.
In consideration of all this clear arson activity, should one assume that the RCMP has a dedicated arson investigation unit? Unfortunately, like many specialized investigative demands,whether it be cyber crime or fraud, once again the RCMP seems to be playing the under-funded second fiddle, often reliant on other agencies to lead the way.
If you needed further evidence of the haphazard approach the Mounties take to arson investigation, consider the fact that this writer was once considered one of the “arson” investigators for the Surrey RCMP. This was not a dedicated unit, it was just a few of Serious Crime officers who were to work arson cases off the side of their desk. The qualifications needed were two Arson level I and II courses; one of two weeks, the other of three weeks. No experience necessary. If you could type the word “accelerant” you likely passed the test.
Arson investigation, even more so than homicide or other serious crimes is often heavily reliant on “good old fashion police work”. It inevitably needs a witness. Forensic evidence is needed to prove that the fire was “started”; rags in gas, matches found at scene or some other difficult to find substance, but once that was achieved, little or no definitive evidence of who may have started the fire would be found through the use of forensic science. Fire is a magnificent eliminator of physical evidence, hence the reason that gangsters burn the car or getaway vehicle often with the weapons inside.
One would hope and think that repetitive years of extensive wildfires would elicit further investigative resources for a serious crime such as arson. That does not seem to be the case. Granted the under resourcing of many departments is at an all time high. (You may be interested to know that currently the Hwy patrol units in the Lower Mainland do not have enough resources to attend accidents now, and are asking the local detachments to attend those on the freeways—normally their mandate.) This writer has learned from more than one source that the RCMP was quietly dreading a season of wildfires due to this drastic understaffing. Just covering the evacuation areas, let alone fire investigations, has become as one officer stated a “shit show”.
A new wildfire started as I write this on the Osoyoos Reserve in British Columbia and is now threatening the surrounding area and leading to several evacuations. No one is reporting the cause of the fire.
Two lives were lost in Lytton, British Columbian but the authorities are saying very little about the cause other than it was “likely caused by human activity”.
If that was not enough, Catholic churches are burning around the country– in Morinville, Calgary and Edmonton Alberta; Penticton, British Columbian and Nova Scotia. The motive seems clear. It is just as clear that there are likely numerous individuals who know of the suspects but are fearful of being outed by their own community.
This lack of investigational willpower and resources is clearly Nero fiddling while Rome burns. In the meantime, helicopters will keep buzzing the lakes, dragging their long lined buckets, seemingly making very little progress. So, just maybe it’s time to start asking a few questions, rather than year after year falling to our knees and praying for rain.
Photo Courtesy of Flickr Commons by U.S. Fish and Wildlife Service – Some Rights Reserved
Behind the Yellow Tape 