Possession of Incendiary Material

Possession of Incendiary Material

The offence of possession of incendiary material is outlined in section 436.1 of the Criminal Code.

A person commits the offence of possession of incendiary material when they have any incendiary materials, incendiary devices, or explosive substances for the purpose of committing an arson offence.

Examples

After an argument with person A, person B sets person A’s things on fire using a blowtorch taken from their workplace.

Person C buys explosive devices to put under person D’s car to harm person D.

Person E walks into person F’s house with a canister of gasoline person E intends to pour on the floor to set person F’s house on fire.

Cases

R. v. Kormendy, 2017 ONSC 6426

In R. v. Kormendy, the accused was convicted of one count of possession of incendiary materials when he used a gas canister to pour gasoline around his partner’s house and bed while she and her two children slept before setting the house on fire.

R. c. Madore, 2020 QCCQ 3061

In R. c. Madore, the accused was convicted of one count of possession of incendiary materials when he created and used Molotov cocktails to set fire to a used car dealership after an employee there reported him to the police.

R. c. Gosselin, 2012 QCCQ 1551

In R. c. Gosselin, the accused was convicted of one count of possession of incendiary materials when he used a blowtorch to set his own house on fire to defraud insurers.

Offence Specific Defence(s)

Other Materials, Devices, or Substances

Where the person has materials or devices that are not incendiary or substances that are not explosive, they have not completed the offence of possession of ince

Lack of Intent

Where the person does not intend to use their incendiary materials, incendiary devices, or explosive substances to commit arson, they may not have completed the offence of possession of incendiary material.

For example, where person A has a blowtorch in their car because they are a travelling welder, and not because they are going to commit arson, they have not completed the offence of possession of incendiary material.

No Possession

Where the person does not have knowledge or control of the incendiary materials, incendiary devices, or explosive substances, they may not have completed the offence of possession of incendiary material.

For example, if incendiary materials were kept in person C’s private bedroom, person C’s roommate, person D, m completed the offence of possession of incendiary materials.

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