Arson
Arson is committed when someone intentionally or recklessly causes damage to property
by fire or explosion. The Criminal Code outlines various offences related to arson:
Under s. 433, it is an offence to intentionally or recklessly cause damage to property by
fire or explosion, regardless of ownership, where: a) The person knows or is reckless about
the fact that the property is occupied by people; OR b) The fire or explosion causes bodily
harm to another person.
Under s. 434, intentionally or recklessly causing damage by fire or explosion to another
person’s property is an offence.
Under s. 434.1, intentionally or recklessly causing damage by fire or explosive to one's
own property, whether owned wholly or in part, is an offence.
Under s. 435(1), causing damage to property by fire or explosion with the intent to
defraud any other person is an offence.
Under s. 436(1), it is an offence for a person who owns or controls property to cause a fire
or explosion due to a marked departure from the standard of care, resulting in bodily
harm or property damage.
Under s. 461.1, possessing any incendiary material, device, or explosive substance for the
purpose of committing an offence under the aforementioned sections is an offence.
Possible Penalties if Convicted of Arson
Offences under s. 433 (disregard for human life), s. 434 (damage to others' property), and s. 434.1 (damage to own property) are straight indictable offences:
Offences under s. 433 (disregard for human life), s. 434 (damage to others' property), and s. 434.1 (damage to own property) are straight indictable offences:
- Arson – disregard for human life: maximum punishment of life imprisonment.
- Arson - damage to property: maximum punishment of fourteen years imprisonment.
Offences under s. 435 (arson – fraud), s. 436 (arson – negligence), and s. 436.1 (possession
of incendiary material) are hybrid offences, allowing the Crown to elect to proceed by
summary conviction or by indictment.
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