Whitehorse Daily Star

Image title

Photo by Whitehorse Star

COSTLY BLAZE – Emergency responders work at the scene of the June 24, 2011 fire at the Canada Games Centre.

‘I should have pulled the fire alarm': youth

The lawyer for a 12-year-old girl who set the multi-million dollar fire to the Canada Games Centre last year says a judicial reprimand, or stern warning from the judge, is enough of a punishment for his client.

By Ashley Joannou on April 9, 2012

The lawyer for a 12-year-old girl who set the multi-million dollar fire to the Canada Games Centre last year says a judicial reprimand, or stern warning from the judge, is enough of a punishment for his client.

Malcolm Campbell was in court last Thursday afternoon at a sentencing hearing for the young girl, one of two girls to plead guilty following the fire.

In February, a 13-year-old was sentenced to two years' probation and 240 hours of community service.

She must stay away from the Canada Games Centre, was given a curfew and was banned from having a cell phone, a lighter or any incendiary devices.

Crown prosecutors are seeking the same sentence for the younger girl.

In June 2011, the pair, who cannot be named under the Youth Criminal Justice Act, lit a speed skating mat on fire and caused nearly $7 million in damage to the recreation centre.

The girls have admitted to being at the ATCO arena, along with an 11-year-old boy, when the trio pulled down some of the mats to build forts.

The girls then lit the handles of a mat on fire and the group ran from the area, passing fire alarms and numerous adults without alerting anyone.

When they were first questioned by police as possible witnesses, the girls said they had seen a First Nations woman running from the building — something they discussed via text message.

Campbell argued that his client was goofing off with friends and never intended for the fire to get out of control.

The lawyer also pointed out that the girl had just turned 12 weeks before the fire.

Under section 13 of Canada's criminal code, a child younger than 12 cannot be convicted of an offence.

The girl's age, her lack of criminal history and her lack of intent when starting the fire makes a judicial reprimand an appropriate sentence, Campbell said.

The only reason it may seem controversial is because of the scope of the damage, and the number of people affected, he said.

But retribution through punishment is not appropriate here, he told the court.

Campbell argued his client was a lesser player in the fire and said the older girl should take more responsibility because of her age.

He also pointed out that it was the older girl who threatened to hit the young boy if he told anyone what happened.

If Judge Michael Cozens does order probation, Campbell argued that a number of the restrictions placed on the older girl are not necessary in this case.

A cell phone is a tool of modern society with many benefits, and banning cell use is not rehabilitative, he said.

Banning the girl from the Canada Games Centre also prevents her from being around a number of positive influences.

The judge pointed out that officials at the centre have said they are not willing to allow the girls' entrance.

Campbell said his client wanted to help with the cleanup of the games centre following the fire but couldn't because of the court's restrictions.

She has very low self-esteem and has lost many friends since the fire, he said.

She is already seeing a counsellor and there is nothing to suggest she would ever do anything like this again, he told the court.

"I'm sorry for what I did. I know it was wrong and I wish I hadn't done it. I know someone could have gotten hurt,” the girl told the judge when given the chance to speak, adding, "I should have pulled the fire alarm.”

Cozens said a presentencing report shows that the young girl is not looking at herself and seeing anything positive.

He encouraged the girl to not make this mistake a ball and chain she carries around for the rest of her life.

"How you say you're sorry is by making yourself the best person you can be,” he said. "You're not going to change everyone's mind. At the end of the day, you have to work through that.”

The judge is scheduled to sentence the girl on Thursday.

Comments (8)

Up 0 Down 0

mark w on Apr 17, 2012 at 2:23 pm

md, im sure they are only suffering because they were caught. Im sure braggin to a few of there peers took place before hand

Up 0 Down 0

M.D. on Apr 13, 2012 at 3:14 pm

What in the world makes him think it's a good idea for her to serve her community sentence at the CGC? Insensitive isn't the word -- and yeah, I mean insensitive to her and the other girl. Believe it or not.

There's an ugly side to Whitehorse, and it sure has come out in the way these girls are talked about. But I guess nobody else ever made a mistake so we can all afford to kick a couple of 12 year olds when they're down. Somehow I'm sure they're suffering with or without the judge's sentencing.

Up 0 Down 0

mark on Apr 11, 2012 at 8:41 am

you lit the fire & ran. you're now considered an arsonist and a criminal. next time think before you do something stupid. too bad the parents of the year here could also have been held responsible.

Up 0 Down 0

flyingfur on Apr 11, 2012 at 3:14 am

I did lots of "goofing off" as a kid and still frequently do it as an adult. Having said that, goofing off in my opinion does not include intentionally setting something on fire and then blaming the fire on someone else. If someone has the mental capacity to understand and operate a cell phone then they have the ability to understand that setting a flame to a mat will cause the fire to get bigger, damage property, and potentially put people's lives in jeopardy. The girls should also have realized that all of those unknowing persons that they ran by in the CGC were being put in further danger by them fleeing the fire without pulling the alarm Sorry Malcom but your argument suggesting leniency because of age does not hold water with me.

Up 0 Down 0

north_of_60 on Apr 10, 2012 at 11:55 am

Both offenders should receive the same sentence. I also agree that the sentence the other offender received was way too light, given the magnitude of the incident and that they ran away without pulling an alarm and then tried to blame it on someone else. I strongly disagree with the solicitor trying to dismiss it as 'horseplay', he needs to give his head a hard shake. His dismissive attitude only makes it worse.

Up 0 Down 0

no angel on Apr 10, 2012 at 8:14 am

I forgive her, we all make mistakes as we are human beings, we learn from our mistakes and we move on.

Up 0 Down 0

Dan Davidson on Apr 10, 2012 at 7:45 am

Really, sweetie, you should not have started the fire in the first place.

Up 0 Down 0

Guncache on Apr 10, 2012 at 12:59 am

She had just turned 12 weeks before the fire. That translates into the fact she was 12 and therefore can be charged. In England it does not matter how old you are. They publish your name and picture and charge you, as it should be here. It would be nice to know that the person hanging around your place has been charged with a crime because you just saw their picture in the paper. Then you can take measures to protect your life and property.

She committed the crime and should have punishment the same as her friend. That would still mean they both got off way too easy. Insurance companies should keep their names on file for the big day when they make their first insurance purchase. "Oh I see you are a high risk, let me adjust your premium."

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.