Sentencing adjourned in arson case

Chief Judge Lantz schedules hearing after disagreement on facts

A disagreement of the facts related to a P.E.I. woman's motivation for starting a fire in an apartment building has led to an adjournment for an evidence hearing.

Grace May Sark, 40, is currently being held in custody and was led into the courtroom in handcuffs and leg shackles on May 6. She sat next to her legal-aid lawyer Trish Cheverie at the defence table in provincial court in Charlottetown.

Sark pleaded guilty to arson on Oct. 28. In addition, she has pleaded guilty to three charges of missing court.

The matter was scheduled for facts and sentencing, but Crown attorney Chris White informed the court that there was a significant disagreement about Sark's motivation for starting the fire. Given that disagreement as well as information in a Gladue Report outlining Sark's background as an Indigenous person, White said it was necessary to have a hearing on the facts. Even so, Chief Judge Jeff Lantz said he wanted to hear the facts from the Crown and the defence before he made a decision about a hearing.

White said that on April 2, 2021, Sark met a man at the Sport Page Club on Kent Street in Charlottetown. After speaking with Sark, he agreed to rent her a room in his apartment at 224 Euston St.

Sark moved in on April 3. Then, after midnight on April 5, Sark entered the apartment and the man believed she was on "mind-altering" drugs. Given her "loud", "destructive", and "unreasonable" behaviour, the man told Sark she could stay the rest of the night, but she had to move out later that day.

In the morning of April 5, the man was awoken by the apartment building's fire alarm. Sark had already left the apartment. He thought that she might have pulled the fire alarm, but then looked inside her bedroom and saw on the floor a pile of clothes on fire.

The man tried to put out the fire but was unsuccessful. He was taken to the Queen Elizabeth Hospital for treatment for minor burns and smoke inhalation. At about 7:25 a.m., the fire department and Charlottetown police arrived at the scene. The building was evacuated, and the fire was put out.

The fire was contained to the man's apartment. Even so, the fire in his unit as well as smoke and water caused $125,000 in damage.

Sark was located by police at Robin's Donuts near the apartment building in her underwear and a t-shirt. She was also taken to the Queen Elizabeth Hospital because she was showing signs of being high on drugs.

Witnesses at Robin's Donuts told police that Sark entered around 7 a.m. and said that she started the fire because she had to escape.

Sark was later arrested and charged with arson. Investigators also found traces of gasoline inside Sark's bedroom that contributed to starting the fire.

Cheverie didn't disagree with those facts. However, she said there was more information in some police and witness reports about Sark's motivation for starting the fire, namely, that she was locked in her bedroom and being held against her will. Sark had to start the fire to get away, added Cheverie. Another witness at Robin's heard Sark say she was being held in a closet in the apartment.

White said it wasn't disputed that Sark made those statements. Rather, the Crown didn't agree with that version of events.

Even though there was disagreement on those facts, Cheverie said that Sark wanted to be sentenced at that court appearance.

Instead, Lantz adjourned the matter to June 6 for a hearing on the facts.