SAULT STE. MARIE - A local man who used toilet paper to ignite a fire that caused substantial damage to a former girlfriend's house last year, must pay $25,000 restitution.
Graham St. Pierre's actions on Aug. 16, not only call for jail time and probation, but there should at least be some reparations to the victims, a judge ruled recently.
Ontario Court Justice Romuald Kwolek sentenced him to 19 months behind bars followed by two years probation.
St. Pierre, 50, pleaded guilty in May to two arson-related offences as well as a single count of mischief for slashing the tires on the woman's truck.
He broke into her home — no one was there at the time and he apparently was intoxicated — piled toilet paper on the stove and turned on the burners.
The paper burst into flames and the blaze spread to the house causing significant damage to the residence.
The prosecution and defence jointly recommended the period of incarceration and probation.
But the lawyers disagreed about how much money — if any — the court should order St. Pierre to pay as restitution.
Assistant Crown attorney Andrew Allen called for $250,000 (the estimated cost of the ongoing repairs) which would be paid to the insurance company.
Defence lawyer Tahnee Caraballo called this unrealistic because her client doesn't have the financial ability to pay that amount of money.
Kwolek decided $25,000 restitution is a significant amount and included it as part of the probation order
It is "not excessive and the offender can be reasonably expected to repay that amount over an extended period," he said.
The restitution must be paid by Dec. 31, 2028.
If it's not, the corporate victim may proceed with any civil remedies for collection of the unpaid balance, the judge said.
With the credit he received for the time he has spent in pre-sentence custody, St. Pierre faced a further 328 days behind bars (as of June 26).
The judge made orders relating to St. Pierre's contact with the victim during probation, and ordered that he must take counselling for substance abuse, domestic violence, psychiatric issues and interpersonal relationships.
He can't possess incendiary devices or any weapons, and must pay $721 restitution for the damage he caused to her tires.
Kwolek also imposed a 10-year weapons prohibition, and ordered him to provide a DNA sample.
The judge recommended that he serve the balance of his time at the Ontario Correctional Institute in Brampton or the Algoma Treatment and Remand Centre.
He made the recommendation after St. Pierre indicated that he wants treatment.
"I've always wanted to figure this out," the offender told Kwolek.