Jail time for 'idiot' who burned down house during drug-fuelled party

Joseph Gingras has been sentenced to six-and-a-half years in jail for igniting a blaze that destroyed a Batchewana First Nation home, leaving a man severely injured and "scarred for life.”

The fire erupted on Sept. 22, 2019 after Gingras poured gas around the living room, then doused Thomas Boissoneau and himself with the fuel while waving a lighter.

His actions followed a long night in which three men were drinking and using drugs.

Gingras, 46, pleaded guilty in July to aggravated assault and arson.

The accused admitted he intentionally did this, but insisted he was "only trying to scare his friend out of committing suicide."

With the credit he received for his pre-sentence custody, Gingras faces a further 15 months behind bars.

Calling his actions "inherently dangerous and risky," Superior Court Justice Michael Varpio said: "I am surprised no one was killed by Mr. Gingras."

Boissoneau suffered burns to 39 per cent of his body, spent three days on life support and 30 days in a coma.

Gingras also was injured.

The victim suffered financially, emotionally, physically and is "scarred for life," the judge said.

In his victim impact statement, Boissoneau, who has moved to western Canada, indicated he is dealing with PTSD, severe paranoia, depression, nightmares and anger outbursts.

"This offence has had a profound and negative impact" on him, Varpio said. 

The judge added he has no evidence about the long-term impact on Darrell Johnson, whose home was burned down.

“The loss of one's domicile must be one of the most serious property offences imaginable."

If "one's home is one's castle," then the loss of his home is a very serious offence.

Varpio said the “inherently risky nature of the arson [at night with intoxicated people in a residence] also demands that denunciation and deterrence are the paramount considerations in this sentence.”

Prosecutor Robert Skeggs had called for an eight-year prison term, citing the severity of the crime and its consequences.

Factoring in time served, Gingras would face a further three years incarcerated.

Defence lawyer Angela Ruffo argued a five-year sentence, which amounted to time served, was appropriate.

When Varpio imposed the sentence, he referred to Gingras' criminal record that began with "a cluster of offences" between 1997 and 2002.

As well, he has convictions between 2003 and 2021 for assault with a weapon, threatening, obstructing police and three counts of assault.

"He is an addict who gets into trouble when he cannot remain sober."

Gingras has expressed some remorse, which is the mitigating feature, the judge said.

But Varpio suggested the degree of his remorse is uncertain.

He "seems to feel badly about the effect that the offence had on the victims as opposed to having remorse about engaging in the criminal behaviour itself."

The judge also noted the Gladue principles he was taking into account.

Gingras, a Batchewana First Nation member, has suffered inter-generational trauma and its consequences.

He has attempted to avail himself of culturally sensitive programs to deal with these concerns, and recognizes that he needs to remain sober.

Gingras understands that when he drinks, he can be violent, the writer of the Gladue report said.

"It was a stupid friggin accident. The gas spilt and the sh– sent up," Gingras explained.

"If there's anything I am guilty of, it's being drunk and being clumsy and being an idiot. I should not have touched the gas at that time. That's the only thing I am guilty of."

Another person, who has known Gingras for 13 years, described him as a respectful person who participates in Indigenous programs, but is a different person when he drinks.

Once he serves the rest of his time, Gingras will be on probation for three years, the maximum permitted under the Criminal Code of Canada.

He can have no contact with three people, including the two victims, and must take any recommended counselling with a special focus on culturally appropriate programs.

He must provide a DNA sample for the national database.

As well, Gingras received a life-time weapons prohibition, which has an exception that permits him to pursue his traditional hunting.