A ‘drunken tire fire’: $25,000 fine handed down in Barrington Lake Wildfire sentencing

Judge says no sentence will undo the harm the 2023 wildfire in Shelburne County createdPublished Oct 16, 2025Last updated 5 hours ago8 minute readA Department of Natural Resources and Renewables helicopter releases water over part of the Barrington Lake Wildfire that burned in Shelburne County in 2023. FRANKIE CROWELL PHOTO Photo by Tina Comeau /FRANKIE CROWELLArticle contentAs Provincial Court Judge Paul Scovil drove to Barrington on Oct. 16 to preside over a sentencing hearing relating to the 2023 Barrington Lake Wildfire, he said he reflected a lot on the destruction triggered by what had started out, in his words, as a “drunken tire fire.”THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentBeing sentenced was Dalton Stewart, soon turning 24, who in November 2024 had pled guilty to a charge under the Forests Act.Article contentArticle contentArticle contentIn January 2024, Dalton was charged with failing to take reasonable effort to prevent the spread of a fire and/or leaving fire unattended.Article contentTwo years after the 2023 Barrington Lake Wildfire, its visual aftermath remains along a lengthy swath of Highway 103.Article content“When I travelled here, I passed the charred remains of the forest fire along the 103 highway and reflected on the impact of this fire on homes, the habitat, property, lost livelihood. The ripple effect from that fire that was aptly put before me, and poignantly, by the victim impact statements,” Judge Scovil said in court.Article content“It seemed to me that whatever sentence came before me today would never be sufficient in relation to the harm done,” he said. “However, in sentencing, judges must act with restraint, judiciously, and have full regard to the law.”Article contentHe accepted the joint recommendation from the Crown and defence. Stewart was fined $25,000, and given 18 months to pay. He must enroll in a Fire Smart course, expected to take 30 days to complete.Article contentArticle contentThere was no order to pay the cost of fighting the wildfire. The Crown said the cost exceeded $8 million.Article contentArticle contentAdded Judge Scovil in his sentencing remarks, “It is beyond unthinkable that with the conditions we experienced at that time, that anyone would have a fire in or near any woodlands, let alone a drunken tire fire.”Article content Dalton Stewart and his lawyer Phil Star leave a Barrington courtroom on Oct. 16 following Stewart’s sentencing in relation to the 2023 Barrington Lake Wildfire. TINA COMEAUArticle contentArticle contentWHAT HAPPENEDArticle contentAn agreed statement of facts was submitted to the court by the Crown and defence.Article contentCrown attorney Brian Cox said on May 25, 2023, Stewart and other friends gathered to drink and socialize in a wooded area in the Municipality of Barrington, known as Homer’s Rock.Article contentStewart decided to light a fire using a small tire, cardboard and motor oil.Article contentThe group decided to leave around midnight. Stewart noticed the fire was “just smouldering” at this time.Article content“The defendant went over to the fire and stomped it out,” said Cox, saying Stewart didn’t notice any lit embers or open flames after stomping on it. He did not use water or any other dousing substance. Stewart admits he was quite intoxicated at the time.Article content“The defendant expressly agrees that although he subjectively believed the fire to be extinguished, he did not take every reasonable effort to prevent the fire from spreading before leaving the fire unattended,” Cox said. “He did not confirm that there was no heat, or smoke still emanating from the embers, nor that they were cool to the touch throughout, with no chance of reigniting.”Article contentAt approximately 2 p.m. on May 26, 2023, some nearby residents observed a small, but growing, wildfire in that area.Article contentIt was reported to the Department of Natural Resources and Renewables. Upon arrival, fire crews estimated the fire to be one or two hectares in size. Conditions were very dry.Article contentThe next day, fire suppression efforts continued; however, wind conditions picked up, and by later in the day on May 27, 2023, the fire had grown to approximately 200 hectares.Article contentArticle content Smoke filled the horizon on May 28, 2023, from the out-of-control Barrington Lake Wildfire. FRANKIE CROWELL PHOTO Photo by Tina Comeau /FRANKIE CROWELL PHOTOArticle contentIn the coming days and weeks it burned out of control.Article contentThe fire burned 23,379 hectares. It was declared under control on June 13, 2023, and fully extinguished later in July 2023.Article contentThe wildfire forced the evacuation of thousands of residents from their homes, forced business closures and shut down a section of Highway 103 from May 27 to June 8.Article contentThere were around 60 homes and cottages destroyed, and dozens more homes, cottages and other structures damaged.Article content The charred remains of a property destroyed by the Barrington Lake Wildfire in 2023. KATHY JOHNSON Photo by Kathy Johnson /Kathy JohnsonArticle contentArticle contentA DEVASTATING IMPACTArticle contentSome victim impact statements were filed with the court. Resident Melissa Nickerson opted to read hers. She cried describing the devastation to her family. They lost their home on June 2, 2023.Article content“We moved four times in 21 months. We lost connection with our community. I lost two months at my work. My husband and son lost work. We had to basically start our life over,” she said.Article contentArticle contentThis led to stress, anxiety, depression and PTSD.Article content“I have a fear of fire,” she said. “I am angry. I am upset. I am grief stricken with the loss of my home and all my most valuable memories.”Article contentBeyond the emotional toll, it also took a physical toll on her health.Article content“The value of our home and our contents was more than any money will ever replace,” she said, but they also suffered great financial loss.Article content“This has changed my life and our family forever. My children have no childhood items … I lost everything my late grandmother had left me. My husband has worked hard for what we had, and now it’s gone. We are starting over.”Article contentSaid Nickerson, “The old me died the day we lost our home.”Article contentTHE PENALTYArticle contentStewart’s sentencing hearing had previously been adjourned twice.Article contentDefence attorney Phil Star said a great deal of time, thought and consideration went into the agreed statement of facts. He said in reaching the joint submission, they had considered all of the principles in law and sentencing, “including my client’s role in setting a fire, and not taking all appropriate steps to ensure that it was extinguished.”Article content Hitting hotspots in the woods of Shelburne County where by the morning of May 30, an out-of-control wildfire that started in the Barrington Lake area had consumed more than 10,000 hectares. FRANKIE CROWELL PHOTO Photo by Tina Comeau /FRANKIE CROWELLArticle contentStar noted the matter had been investigated extensively by the RCMP, who determined no Criminal Code charges were warranted.Article contentHe said his client, who works in a lobster pound, comes from modest means. He said the $25,000 will be challenging to pay, but his client has a monthly payment schedule plan. The plan Star outlined will definitely require the court to grant a payment extension.Article content“It’s tragic what took place,” Star said, saying the victims of the wildfire will be forever impacted. “We acknowledge that.”Article contentArticle contentStar surmised there may have been other fires that also caused this wildfire to grow in size, but he only briefly mentioned that during the sentencing.Article contentStewart had initially been charged with three counts under the Forests Act. The two other charges were dismissed by the court.Article content Thick smoke billows from a wildfire in Barrington, N.S., on May 27. The investigation into the cause of the fire is continuing. – Frankie Crowell/File Photo by FRANKIE CROWELL PHOTO /FRANKIE CROWELL PHOTOArticle contentThe Crown noted caselaw involving the sentencing of individuals who are found responsible for causing wildfires in neglect of relevant fire prevention laws is “scant” across Canada.Article contentAt the time of the offence, the maximum penalty under the Forests Act for what Stewart pleaded guilty to was a fine of up to $50,000 and/or up to six months in jail.Article content“Since the wildfires of 2023, both in the Halifax area and in Shelburne County, the Nova Scotia Legislation amended the Forests Act to increase the maximum penalty in the case of an individual to a fine not exceeding $500,000 and to a period of imprisonment of a term not more than six months, or both,” said Cox.Article contentArticle contentHe noted the Nova Scotia Legislature also amended summary offence ticket regulations, to indicate of the seriousness of fire-related offences, to a fine of $25,0000, plus court costs, for people who violate fire bans.Article contentGiven the penalties in place at the time of the offence, the fact that Stewart is a first-time offender, and that he pled guilty, Cox said the joint sentence recommendation was felt to be appropriate.Article contentCox told the court that accountability and general public deterrence were important factors.Article contentArticle contentIS IT ENOUGH?Article contentInside the courtroom for the sentencing was Chief Darrell Locke of the Shelburne Volunteer Fire Department. He was one of hundreds of local firefighters involved in the response to the Barrington Lake Wildfire.Article content Shelburne Volunteer Fire Department Chief Darrell Locke questioned whether a $25,000 fine in relation to a sentencing in the 2023 Barrington Lake Wildfire, is truly enough of a sentence to serve as public deterrence. TINA COMEAUArticle content“Although I understand the law must be administered as the law, there were people that were really devastated. As one of the victim’s statements said, they’ve lost everything. How do you recover from that?” Locke said following the sentencing.Article content“It just seems to me that for the amount of loss and suffering that individuals had to endure … somebody’s liberties should be restricted. I’m not saying forever, but … for a period of time. When they talk about general deterrence, does a dollar figure offer that general deterrence?” Locke questioned. “As the judge said, this was an episode of a drunken tire fire.”Article contentLocke said many people didn’t get it then, and two years later, many still don’t get it when it comes to the dangers of starting fires during dry times.Article content“I don’t know how the message gets there. I don’t think it’s by a $25,000 fine,” he said, referring to the sentence handed down.Article contentWhile there was much tragedy and devastation from the Barrington Lake Wildfire – the largest in the province’s history – Locke says there are still some notable takeaways.Article content“For the fire service … we learned some things. I feel 100 per cent that we’re better prepared now, and, our friends in the Valley, I believe, were better prepared because of what we went through,” he said about recent wildfires there this summer and fall.Article contentArticle content“We have a new emergency management department (provincially) and they’re getting a handle on things,” he said. “It took that to get us where we are now. We’ll continue to go forward and grow and learn.”Article contentBefore being sentenced, meanwhile, Stewart was offered the opportunity by the judge to address the court. Stewart chose not to give any comment.Article contentThe municipalities of Barrington and Shelburne, however, did speak out, with wardens Penny Smith and Shaun Hatfield issuing a joint statement. The wardens said the sentencing marks the conclusion of a difficulty chapter for many in Shelburne County.Article content“While the legal proceedings were not a matter for our municipalities, we recognize that this news may bring back painful memories to those affected by the 2023 wildfires.”Article contentThe statement went on to say, “Our thoughts remain with everyone who experienced loss, displacement or hardship. The strength, compassion and resilience shown by residents, volunteers, and first responders during and after that time continue to define who we are as communities.”Article contentMoving forward, the elected officials said the focus remains on recovery, healing and building resilience for the future. “We remain committed to supporting our residents and working together to ensure our communities continue to thrive,” they said.Article contentArticle contentArticle content