'Devastating' arson at historic St. Thomas building renews calls for bail reform

Residents and businesses in St. Thomas, Ont., say the community is disheartened after a historic building in their downtown neighbourhood burned to the ground as a result of an alleged arson over the weekend.   

On Monday, police arrested and charged Joseph Penfound, 44, who they called a "prolific offender," with arson, failure to comply with probation order and possession of a Schedule 1 substance. The incident has pushed officials to renew calls for bail reform for repeat offenders.  

"It's absolutely devastating. Small businesses are being affected and we're just really grateful that nobody was hurt. It's just a terrible tragedy, so it was really rough to see," said Shae-Lynn Stanford, an employee at Purely Wicked, a boutique located across the street from where the fire happened.

"It's just tragic that there seems to be so many things like this happening in town and it does affect all of us deeply."

More than 20 firefighters were called to 616 Talbot St. just after 4 a.m. ET on Sunday and battled the blaze for several hours, prompting the closure of the street and nearby businesses. The building was being renovated for housing and a retail space, but has now been reduced to debris, with estimated damage exceeding $1 million. 

Police said Penfound is well known to them and currently faces 13 charges dating back to mid-2024. He was also on probation for 14 criminal offences from 2021. 

Chris Cottrell works at a sports bar across the road and witnessed the fire. He believes the allegedly deliberate act was very reckless and could have been fatal.  

"There was so much smoke you couldn't even see the street, it was that thick," he said. "Nobody wants to see a building burn down. It's one thing for a fire to happen, it's another for it to be set on purpose and it could've been a lot worse than what it was."

Arson put people's lives at risk, says police chief

St. Thomas Police Chief Marc Roskamp is expressing his frustration with the criminal justice system and how the actions of repeat offenders jeopardize community safety. 

"This could have been devastating for our community with the loss of life. This is a serious crime, just as serious as those that choose weapons. In this case, the weapon was fire," Roskamp said. "This individual should be looked at very carefully by the courts to be held in custody because this was a crime that could have taken lives."

Last month, the provincial Protect Ontario Through Safer Streets and Stronger Communities Act became law. It includes specialized terms for bail and aims to increase the collection of forfeited bail monies. 

The province has also written to federal public safety minister Gary Anandasangaree, calling for reforms including: a three-strike rule requiring pre-trial detention for repeat offenders, restrictions on who can get conditional sentences and removal of bail for serious crimes.

Roskamp believes the suspect shouldn't have been out on bail, and supports the Ontario government's push for bail reform, he said. 

"There's a history here of criminal behaviour, of criminality, chronic criminality. And that's where we really feel that these these individuals who are in this circumstance need to be subject to tougher bail laws and to be held in custody," he said. 

"It is a reckless disregard for the lives and safety of of those of us who live in the community." 

The building, dating back to 1881, was next to apartments owned by Indwell, the non-profit housing organization which said all staff and residents were unharmed. Workers on site told CBC News on Monday that residents were quickly evacuated and sent to a hotel out of an abundance of caution as there was some smoke damage, but they will return home in the coming days. 

The area's Conservative MP Andrew Lawton said policies in the federal Criminal Code and bail system prevent police and judges from keeping repeat offenders off the streets. 

Lawton wants the Liberal government to repeal Bill C-5 which removes mandatory minimum sentences for 14 offences in the Criminal Code, and to eliminate the "principle of restraint" in Bill C-75 which requires judges to give primary consideration to releasing an accused person at the earliest reasonable opportunity.

"It isn't just about a building. It's people who invest their life savings into these projects and it's people who live there and run businesses there who are directly affected by this," said Lawton, who was recently appointed to the House of Commons justice committee.

"The bail policies that police have pointed out are causing this problem to get worse are federal laws, so I want judges to not have their hands tied by bad federal legislation that puts the rights of criminals above the needs and rights of victims."