Graedon Pfeiffer

The offender, a transgender refugee claimant from Guatemala, was convicted of arson causing damage to property after setting a fire in her Toronto Community Housing apartment.

The Crown sought a 12-month sentence, while the defence sought a sentence of six months less a day to preserve the offender's right to appeal a potential deportation order under the Immigration and Refugee Protection Act.

The court held that while collateral immigration consequences must be considered, they cannot artificially skew a sentence below the appropriate range.

The court imposed a 12-month sentence (satisfied by pre-sentence custody), two years of probation, and a restitution order of $15,809.11.

The accused was charged with arson and mischief endangering life following a fire on the stovetop of her rental apartment.

The court found that the physical evidence, including fuel deliberately placed under a burner, proved the fire was intentionally set.

The accused was found guilty of arson and the included offence of mischief to property, but acquitted of mischief endangering life as the Crown failed to prove the small, contained fire posed an actual danger to human life.