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Convicted arsonist making 'real effort' to change: judge

42-year-old will serve two years of house arrest followed by three years of probation after pleading guilty to setting a fire in laundry room of a Terry Fox Place apartment building
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The Sault Ste. Marie Courthouse is pictured in this file photo.

James Ellis faces five years of strict, jail-like conditions while he serves a sentence for arson in the community.

He was convicted of the charge in May, after pleading guilty to setting a fire in a multi-unit residence in the city's east end.

The 42-year-old ignited it in a blue recycling bin in the first-floor laundry room of a Terry Fox Place apartment building.

His actions on Feb. 25, 2021 were captured on video.

At the time, city police indicated the fire was extinguished with minimal damage.

On Tuesday, Superior Court Justice Edward Gareau imposed the sentence jointly recommended by the Crown and defence.

Ellis will spend two years less a day — the maximum for a conditional sentence — under house arrest. He will then be on probation for three years — the maximum amount under the Criminal Code — with a curfew and other conditions.

During his probation, he must complete 240 hours of community service, again the permitted maximum under the code.

Ellis has a prior conviction for arson that occurred 20 years ago.

This punishment is a "step up," Gareau said, calling it "more onerous than the suspended sentence and probation he received in 2003."

Defence lawyer Eric McCooeye noted the fire was confined to a very small area.

Arson is a serious offence that normally requires incarceration, he said.

But with the steps Ellis has taken since arrest, a conditional sentence is recommended.

"He has made a real effort to deal with his issues," McCooeye said. "He has taken the matter very seriously," and was co-operative and forthcoming to the author of his pre-sentence report.

Ellis has been involved in a therapy program at Sault Area Hospital and will continue with counselling, he told Gareau.

As well, his client does what he can by volunteering and fund raising.

"With the significant community service (condition) he will be diligent and be a good member of the community."

With the accused's prior arson conviction a significant sentence is called for, prosecutor Gary Knox said. If for his guilty plea, the Crown would have been seeking a substantial custodial sentence, he told the court.

He noted a bystander had put out the fire.

"Playing with fire is unpredictable," Knox said. "Things could could have been much worse. Thankfully it was not."

With the recommended sentence, if Ellis has an issue about fire, he "could receive counselling for up to five years," the assistant Crown attorney said.

With the maximum 240 hours of community service, "it's a way for him to keep giving back to the community."

When he agreed to the lawyers' joint submission, Gareau said the sentence balances the aggravating and mitigating factors.

Ellis has acknowledged his responsibility, and the guilty plea reflects that, the judge said.

He called the accused's pre-sentence report positive. It shows Ellis is trying to take responsibility for the underlying problems that have brought him to court.

While under house arrest, Ellis can only leave his residence for medical appointments, emergencies, to go to his father's home with the prior written permission of his sentence supervisor and five hours on Fridays to obtain the necessities of life.

While on probation, Ellis will have an 11 p.m. to 7 a.m. curfew, must take any recommended counselling, and must remain 100 metres away from Terry Fox Place.

He must complete his community service hours, and also is prohibited from having accelerants.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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