Young man charged over devastating Shelburne County wildfire

A 22-year-old man has been charged for allegedly sparking the historic wildfire last year in Shelburne County, where many are still recovering from the devastation it inflicted.

The provincial Natural Resources Department said Dalton Clark Stewart of Villagedale, N.S., is facing the following charges under the Forests Act:

• Lighting a fire on privately owned land without permission of the owner or occupier;
• Failing to take reasonable efforts to prevent the spread of a fire;
• Leaving a fire unattended.

 A news release said Stewart is scheduled to appear in Shelburne provincial court on March 7.

The wildfire near Barrington Lake broke out late last May, grew to 23,525 hectares and burned for two months before being declared extinguished. About 60 structures were destroyed in the fire and thousands of people were displaced from their homes.

Meanwhile, about 150 homes were lost in a separate wildfire in Upper Tantallon and Hammonds Plains, near Halifax. That fire started around the same time.

The department continues to pursue all leads related to the wildfire in Upper Tantallon, the release said. 

"While the department has gathered considerable information, there is a high bar for what can be used as evidence in court," it said.

Separate criminal investigations

In a statement, RCMP said it conducted a criminal investigation into the Barrington Lake fire, but concluded no criminal charges would be laid.

"It was determined that the information and evidence gathered from the scene did not meet the threshold for criminal charges," said spokesperson Const. Dominic Laflamme.

"Investigators provided their findings to DNRR, as the lead, to advance their investigation."

The Mounties held a similar investigation into the Upper Tantallon blaze, and found "no information to suggest the cause was due to negligence or criminal matter."

Last year was the worst wildfire season on record in Nova Scotia — there were 220 wildfires compared to 152 in 2022. 

Efforts to fight both the Barrington Lake and Upper Tantallon wildfires were greatly hindered by a prolonged dry spell. 

Community reaction

Shelburne County residents react to wildfire charges

11 months ago

Duration 2:44

A 22-year-old man has been charged for allegedly starting a May 2023 wildfire in Shelburne County. Some community members say the charges aren't enough, while others say it's good to see someone held accountable. The allegations haven't yet been tested in court; people convicted of Forests Act violations can be fined up to $50,000 and sentenced to up to six months in jail.

Kasey DeMings, a fisherman and volunteer firefighter who lost his home in the Barrington Lake fire, said it's nice to see someone held accountable, but he is personally trying to move forward.

"We can't keep living in the past of what happened. What happened, happened and it's done and over with," DeMings said in a phone interview on Thursday.

"It will make people think before they do this stuff. But as a human being, we've all done stuff that we regret. We've all done stuff that didn't turn out the way we wanted to."

Laura Torak, who owns a restaurant in the area and helped feed evacuees during the unprecedented wildfire, said she doesn't think the charges under the Forests Act are sufficient. 

"The emotional turmoil that's going on in Shelburne County is unreal," said Torak, who owns Ship's Galley Pub and Eatery and whose son is a volunteer firefighter in the area.

"This kid doesn't have $50,000 to pay a fine. And he goes to jail for six months, so what? He's going to be clothed, warm, fed. It's not punishment enough."

But for Jackie Race, who lost more than three hectares of land, the man's punishment is already playing out before the allegations are even tested in court. 

"He's not going to be able to come back. I think that the community's not going to allow him to return," said Race, adding she's heard concerns in the community about vigilantes.

"People are angry. They think that he wasn't charged enough."

Penalties include up to six months in jail

Orlando Fraser, a director with the Natural Resources Department, said he could not disclose how they believe the fire started, noting the matter is now before the courts.

He said Stewart was charged after reviewing evidence, interviews and information from members of the public.

"I understand that all Nova Scotians want details and answers, and I thank them for the patience that they've shown us," said Fraser.

He said no other charges under the Forests Act are expected in relation to the Barrington Lake wildfire.

People convicted of violations of the Forests Act can be fined up to $50,000 and can be sentenced to as much as six months in jail.

"The court will determine the outcome of the charges, including any penalties," the release said.

Under the Forests Act, the department has two years from the date of an alleged offence to lay charges.

Charges are only laid if the department, in consultation with the Public Prosecution Service, believes there is sufficient evidence for a conviction.