Woman sentenced for transitional home arson

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A woman who lit fire to the porch of a transitional home for at-risk Indigenous women was to be released from custody after a Brandon judge sentenced her to the equivalent of just over 500 days of time served.

“Arson is always regarded as a serious event, in addition to the danger that she created for the occupants of that residence,” said Judge Shauna Hewitt-Michta as she gave her decision on Wednesday.

The Crown said Nicole Benn, 26, was high on meth and in a state of psychosis in June 2024 when she decided to light a fire outside of the newly opened transitional housing facility Chelsea’s House, which is run by the Manitoba Métis Federation.

Crown attorney Rich Lonstrup said Benn can clearly be seen on video as she spent around five minutes trying to light what looked like a pile of clothes or a garbage bag on fire.

When the fire finally started, she laid a blanket on top of it, presumably as an accelerator, he said, adding that the fire grew quickly and got to the point where it obscured the camera footage, making it difficult to see anything else.

The fire expanded up the wall, which later required extensive repair.

Lonstrup said he was told there were seven residents in the house, and they noticed the fire quickly. They evacuated and relocated to the Colonial Inn hotel. They spent around two to three weeks there before they returned.

Nobody was physically harmed.

Lonstrup listed Benn’s guilty plea and “comments of genuine remorse” as mitigating factors. He acknowledged that she does have a criminal record, but pointed out that before lighting the fire, she had a six-year gap with no offences.

He also said they were overwhelming Gladue factors.

“When we have poverty, hunger, CFS involvement, exposure to others abuse, herself suffering abuse in multiple forms, addictions, suicide attempts and detachment from her culture, we know these are all matters disproportionally affecting Indigenous people as a result of colonialism,” said Lonstrup.

Additionally, Benn has been diagnosed with an unspecified psychotic disorder, post-traumatic stress disorder and depression, he said.

Around the time of the offence, Benn was homeless and panhandling to support her drug habit. She was in an extended state of psychosis, which Lonstrup suggested reduced her moral culpability.

The Crown’s main concern was that Benn’s act victimized and displaced already vulnerable women.

“Literally anyone under that roof was seeking refuge from abuse and neglect,” Lonstrup said. “That’s why it was designed.”

He said Benn stated that she believed the building was a possible abandoned drug house, though at the time the residents were inside watching a movie.

She also brought a barbecue lighter with her to the house, which Lonstrup said means the arson was clearly premeditated and not an on-the-spot decision.

Because of all these factors combined, as well as looking at similar past cases, the Crown said her 338 days in custody — counted as 507 days with credit for time and a half — followed by a two-year supervised probation period with additional conditions, would be a sufficient sentence.

Defence lawyer Bob Harrison agreed. He said when he first took over the case, Benn told him she didn’t remember lighting the fire, which he said is understandable since she was in a state of drug-induced psychosis.

After about four or five months and watching the footage over several times, Harrison said they were able to have meaningful conversations about it, and she started to understand that she did light the fire.

He said he hopes the fact that she is young and has two young children in CFS care will give her more reason to turn her life around.

Benn, who appeared in court in a video call, said she never meant to hurt or scare the residents of Chelsea’s House and that if she was sober, she would never have started the fire.

“Every day I think about it. I could have hurt somebody,” she said though tears. “It hurts my feelings. It scares me.”

Michta-Hewitt told Benn that she appreciated her guilt and her comments that she never would have lit the fire in her right mind, but nonetheless she proved that she is capable of doing dangerous things and putting other people’s safety at risk.

“I’m glad to hear it keeps you up at night. I’m glad to hear it scares you. That’s exactly how you should feel about what happened here,” said Hewitt-Michta. “That fear and that concern should keep you very motivated in accepting all the help that’s available.”

» sanderson@brandonsun.com