VICTORIA — A "pathological fire setter" who has been convicted of seven arsons has been imprisoned indefinitely as a dangerous offender.
Victoria provincial court Judge Carmen Rogers sentenced Daniel Sutherland on Wednesday for the February 2014 fire at the Seven Oaks health facility that drew 12 firefighters, caused $35,000 damage and forced some residents out of their units for six weeks.
The court heard Sutherland set fire to toilet paper, placed it atop his bedding, then left the facility.
Everybody was evacuated, but Rogers said in her written ruling that one staff member was treated for smoke inhalation, and others suffered stress and "symptoms of destabilization."
"Nothing has stopped him from setting fires," said Rogers, noting the defendant has been placed on court and mental-health orders or imprisoned for the past few decades.
"On all of the evidence, I find that there are no lesser measures that would adequately protect the public from the risk posed by Mr. Sutherland.
"In all the circumstances, an indeterminate sentence is mandated and that is the sentence I impose."
Defence lawyer James Dunlap declined to comment on the case.
Gordon Comer of the B.C. Criminal Justice Branch said the Crown is satisfied with the sentence, although Sutherland can still appeal.
"The problem is his recidivism, and, of course, arson is very dangerous," he said.
Comer said Sutherland will always be managed by the parole board, and if he's allowed back into the community it will be on conditions. He said if Sutherland breaches those conditions, he can be returned to custody.
The court heard from one psychologist who found Sutherland "must be considered an obdurate, pathological fire setter."
Another psychologist, William Reimer, found Sutherland met the criteria for mixed personality disorder, with antisocial, borderline, narcissistic and paranoid features. Reimer said Sutherland also met the criteria for schizophrenia, substance-use disorders and mild intellectual disability.
Rogers noted in her decision that the man's criminal record contains about 90 convictions, including the arsons. She said he was also convicted in May 2005 for a separate fire at Seven Oaks.
One fire at Victoria's Royal Jubilee Hospital caused more than $50,000 in damage and forced the evacuation of 30 patients, the judge said.
Sutherland has also set fires inside correctional and psychiatric facilities for which he was not convicted, said Rogers.
"The fact that to date no one has been seriously injured by his fire setting is nothing more than good fortune and cannot be relied on to avoid a finding that his conduct in fire-setting creates a likelihood of injury or death to others," said Rogers.
