This site was created to raise awareness about the horrible and tragic fatal house fire that occurred on 22 JULY 1989, which claimed the lives of 3 beautiful and loving people. What happened on that fateful early morning is criminal. It was a deliberately set fire and it is clearly categorized as an arson, with the devastating outcome of 3 precious lives lost during the inferno.

 

Arson is found in the Criminal Code of Canada in Section 433, 434 435 and 436. Each section is referenced below:

 

Arson — disregard for human life

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433 Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

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•  (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or

•  (b) the fire or explosion causes bodily harm to another person.

 

R.S., 1985, c. C-46, s. 433; 1990, c. 15, s. 1

 

 

Arson — damage to property

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434 Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

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R.S., 1985, c. C-46, s. 434; 1990, c. 15, s. 1

 

Arson — own property

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434.1 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

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1990, c. 15, s. 1

 

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Arson for fraudulent purpose

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435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of

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• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

 

Holder or beneficiary of fire insurance policy

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(2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.

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R.S., 1985, c. C-46, s. 435; 1990, c. 15, s. 1; 2019, c. 25, s. 163

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Arson by negligence

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436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of

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• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction

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Non-compliance with prevention laws

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(2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

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R.S., 1985, c. C-46, s. 436; 1990, c. 15, s. 1; 2019, c. 25, s. 164