Man sentenced to 2 years for arson at historical Garrison District building

A man has been sentenced to two years in prison for intentionally starting a fire that heavily damaged a building that's nearly two centuries old in Fredericton's Garrison District.

Cole Christopher Harris, 29, was charged in March with committing arson with a reckless disregard for human life, after a security guard identified him on downtown cameras. He pleaded guilty on May 14.

Judge Mélanie Poirier-Leblanc delivered his sentence on Thursday morning, noting Harris would receive a credit of 296 days for the time he's already spent in remand. That leaves him with a little over 14 months left to serve.

Harris was under a probation order at the time of the fire, so was also charged with breaching that by failing to keep the peace. He was sentenced to 30 days on that count, to be served at the same time.

Crown prosecutor MacKenzie Jefferies said during the sentencing hearing on Wednesday that there were three people on the second floor of the Carleton Street building when the blaze broke out.

A view of the exterior damage to the building at 11 Carleton St. from the fire on March 12. (Aidan Cox/CBC)

They were able to get out safely, he said, but one person suffered a breathing injury from the smoke.

The Fredericton Fire Department found the fire started at the back of the building, most likely near a shopping cart on the deck.

Security camera footage showed Harris setting the contents of the shopping cart alight, and the fire engulfing the building.

Defence lawyer Edward Derrah said Harris was homeless at the time, and had a disagreement with another homeless man whose belongings were in the shopping cart.

Harris appeared by video conference and delivered an apology to the court.

"I am so, so sorry that my actions led to this. I at no point had any intentions whatsoever of burning that building down or harming anyone in the building," he said.

"I just let my temper get the best of me, and I should learn to deal with that in a better way.... I really learned from this how my actions can result in things that are not very good."

Derrah said Harris's pre-sentence report shows he was successful in school, work and in his relationships before he became addicted to methamphetamine in 2013 and found himself homeless a short time later.

He has appeared before the court regularly since then, according to his criminal record, for charges spanning from property crime to break-and-enter and public mischief.

Harris was sentenced at the Fredericton courthouse on Thursday. (Roger Cosman/CBC)

Crown and defence lawyers had agreed on a sentence of 18 to 24 months. Poirier-Leblanc chose the maximum end of that range, noting there was a similar case in Bathurst that led to a sentence of three years.

"Reckless arson has caused $1.5 million worth of damage. This was a Department of National Defence historic building, and a building that is likely going to have to be demolished," Jefferies said.

"There [were] three employees inside of the building. That could have ended in a much worse situation. It's only by sheer luck that the employees were able to recognize the smoke and get out in time with no severe injuries."

He said Fredericton Tourism property had also been damaged in the blaze.

"While there was no intention to burn the building of 11 Carleton Street, Mr. Harris ought to have known the risk of setting fire to the shopping cart, which was close in proximity to the building with people inside during the regular business hours," Jefferies said.

Before delivering her decision, Poirier-LeBlanc read from victim impact statements given by several people who were working in the building at the time of the fire.

She noted common themes, in that Harris's actions had robbed them of their sense of safety, and of personal or sentimental belongings that could not be recovered from the office that some workers considered to be "a second home."

Jefferies also noted Harris has a prior criminal record, with offences including break and enter and fraud committed over the past decade.

However, Derrah noted that his client's crimes were non-violent.

In addition to jail time, Poirier-LeBlanc put Harris under a lifelong weapons and firearms prohibition, as he was under a 10-year order for another conviction at the time he set the fire.

Harris will not have a probation period after his time served, and will not be required to pay a victim fine surcharge.

There was no request to the court for him to pay for damages through restitution.