Consequences of Auto Theft Charges in Ontario

Under tough laws proposed by the Ontario government, auto theft convictions will result not only in criminal charges but licence suspensions—including lifetime bans for repeat offenders.

Every 14 minutes, a vehicle is stolen in Ontario. Toronto has seen a 78 percent increase in violent carjackings since 2021. Many instances are connected to organized crime. Stunt driving is also on the increase in the province.

Consequently, the Ontario government is investing considerable resources to help police services combat auto theft and other serious traffic-related offences. The proposed new measures on auto theft are part of this effort, aimed at deterring potential thieves and making it more challenging for criminals to re-offend.

The proposed legislation, if passed, would mean that thieves convicted of motor vehicle theft under the Criminal Code would face the following administrative penalties:

• A 10-year licence suspension for a first offence
• A 15-year licence suspension for a second offence
• A lifetime licence suspension for a third offence

These suspensions would apply to convictions where aggravating factors were involved in the commission of the offence, including violence, use of a weapon, use of force, threat or pursuit of financial gain.

Taking control of another person’s vehicle without authorization is called auto theft, car theft or motor vehicle theft. This charge may apply regardless of the value of the vehicle that has been taken.

Under the Criminal Code, auto theft offences can be committed against any type of vehicle (car, van, motorbike, moped, electric scooter or even a boat or aircraft). They include the following types of actions:

• Theft without keys (breaking and entering and then “hotwiring” the vehicle)
• Theft with access to keys
• Opportunistic theft (vehicle was left idling by owner)
• Carjacking (can involve an assault on the vehicle’s owner)
• Borrowing a vehicle without permission

The penalties issued for car theft convictions in Ontario depend on two main factors:

1. Whether the Crown elects to proceed as an indictable charge (more serious) or a summary one (less serious)
2. Whether this is the offender’s third or subsequent motor vehicle theft conviction

Because auto theft is considered a hybrid offence, the Crown can proceed summarily or by indictment. The latter is more likely where aggravating circumstances were allegedly present in the commission of the offence.

If the Crown proceeds by indictment, a conviction will result in imprisonment for up to 10 years and/or fines. For a third or subsequent charge of motor vehicle theft, a mandatory minimum of six months imprisonment applies.

If the Crown proceeds summarily and the defendant is found guilty, a maximum penalty of two years less a day imprisonment applies—and/or fines. The court may elect to impose probation, during which time the offender must follow specific conditions, such as regularly reporting to a probation officer.

During a consultation with a criminal defence lawyer who is familiar with auto theft cases, possible defence strategies can usually be identified.

The most common defences for this type of charge are:

Receiving a stolen motor vehicle will be considered a criminal offence in Canada if the recipient was aware that the vehicle was stolen when he/she took possession of it.

“Wilful blindness” can be raised in such cases, where a deal seems “too good to be true” and recipients fail to investigate their suspicions. This may still result in a conviction.

Criminal charges for auto theft and receiving stolen property generally remain on your record for life in Canada. It is, therefore, essential to do everything possible to prevent the long-term consequences of a conviction for any criminal charge.

For legal advice about auto theft charges in Ottawa, speak to a criminal defence lawyer from Affordable Defence during a free consultation.