13 November 2010

Young Arsonist Spared Jail Time

Peterborough Ontario - The always-tense face of the 15-year-old boy who set fire to the Edgewater Street bridge finally relaxed Friday when he was spared time in custody and sentenced to two years of probation with 70 hours of community service.
 
It has been seven months since a large black plume of smoke could be seen across the city because the Canadian Pacific Railway bridge was on fire. The final damage estimate was $400,000.
 
The boy can't be identified under the Youth Criminal Justice Act (YCJA).
 
Madam Justice Esther Rosenberg didn't downplay the seriousness of the arson. But she disagreed with the Crown and said the circumstances didn't meet the YCJA's criteria for an "exceptional case."
 
A youth can't be sentenced to jail time except in "exceptional cases" when they commit an indictable offence.
 
Youth sentencing must promote rehabilitation and reintegration, protect society, and promote a sense of responsibility.
 
The Crown wanted six to eight months in an open-custody facility.
 
Rosenberg said the boy didn't mean to burn the bridge, admitted he was responsible, and didn't breach his bail conditions.
 
This was also his first criminal offence.
 
Probation promotes "meaningful consequences and counselling will hopefully prevent future crimes," Rosenberg said.
 
The boy was 14 when he set fire to the bridge on 13 Apr 2010.
 
When he pleaded guilty in September court heard he didn't intend to set the bridge on fire and his actions were reckless. He made a Molotov cocktail of rags, gasoline (which he bought), and a bottle because he was bored.
 
He planned to throw the Molotov cocktail on the train tracks, which the bridge crosses over, but when he burnt his thumb he panicked and threw it on the bridge's support beams.
 
For the first time court heard from the boy on Friday when he answered "ya" several times as Rosenberg carefully went through the details of his probation.
 
Counselling is not an option, she said, referring to the boy's history of resisting it.
 
"You may not always understand why, you may not always like it, but you have to go," Rosenberg said.
 
The boy's father was in the courtroom Friday and has been for every appearance. He looked relieved when his son was put on probation.
 
A community forum for residents affected by the blaze was held 22 Sep 2010. A restorative justice circle was held with the boy, his father, lawyers, a community representative, and officials from the school board, John Howard Society, and other service providers was held 27 Sep 2010.
 
The boy apologized at the meeting and suggested he do something to help rebuild the bridge. The community member said it was helpful to meet the boy and expressed hope that the boy would "get his life on track," court heard Friday.
 
The community service hours must be completed within the first year of probation and every effort should be made to do something involving the bridge, Rosenberg said.
 
The boy must also write an apology letter to the community representative.
 
He is also banned from possessing any incendiary devices.
 
"I wish you all the best. I hope you have success in your future," Rosenberg said directing her comments to the boy and his father.
 
"I hope everything works out."
 
Fiona Isaacson.