Joyriding in Canada: Taking a Vehicle Without Consent

“Joyriding” is the everyday name for the offence in section 335 of the Criminal Code: taking a motor vehicle or a vessel without the owner’s consent, intending to drive or use it, without necessarily meaning to keep it. It also catches passengers who ride in a vehicle knowing it was taken without permission. It is a less serious charge than motor vehicle theft, and police or prosecutors sometimes choose it when there is no evidence of an intent to keep or sell the vehicle.

What the law says

Every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

What the Crown must prove

• The vehicle or boat was taken without the owner’s consent; and
• the accused took it intending to drive or use it, or rode in it knowing it had been taken without consent.

A passenger is not guilty if, on realising the vehicle was taken without consent, they tried to get out as soon as it was feasible or actually left it (s. 335(1.1)).

Penalties

• Summary conviction offence only: up to 2 years less a day in jail and/or a fine of up to $5,000 (s. 787).
• Courts may add probation, restitution for damage and, when driving was involved, conditions about vehicles.
• Driving offences from the same event (dangerous driving, impaired driving, flight from police, driving while prohibited) are charged separately and are often more serious than the joyriding charge itself.

Joyriding and car theft: the difference

The difference is intent. Theft requires an intent to deprive the owner of the vehicle, temporarily or permanently, without any honest claim of right. Joyriding only requires taking the vehicle to use it. Because theft of a motor vehicle carries up to 10 years, a defence lawyer will often argue that the facts only support s. 335.

Common defences

• Consent: the owner (a parent, partner, friend or employer) allowed the use, expressly or by past practice.
• Passenger without knowledge: you did not know the vehicle was taken without consent, or you left as soon as you could.
• Identity: the Crown cannot prove who drove or who was in the vehicle.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). Because this is a summary conviction offence, the waiting period is 5 years, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

Is joyriding a criminal offence in Canada?

Yes. Taking a motor vehicle or boat without the owner’s consent to drive or use it is an offence under s. 335 of the Criminal Code, punishable on summary conviction by up to two years less a day and a fine of up to $5,000.

Can a passenger be charged with joyriding?

Yes, if they rode in the vehicle knowing it was taken without the owner’s consent. A passenger who tried to get out, or got out, once they realised is not guilty.

Can I be charged for taking a family member’s car?

It depends on consent. If the owner allowed you to use it, there is no offence. If they did not, police can lay a s. 335 charge, although many such cases are resolved without a conviction.

Related offences

• Motor Vehicle Theft in Canada
• Driving While Prohibited in Canada
• Dangerous Driving in Canada
• Possession of Stolen Property in Canada

Sources

• Criminal Code, s. 335

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.