Is it a Crime to Leave Your Child Alone in a Car?

It’s a scenario many parents have faced: you need to run into the store for just one item. Your child is asleep in their car seat, and the thought of unbuckling them for a two-minute errand seems like more trouble than it’s worth. You think, “I’ll just be a minute.” But is that minute illegal?

In Canada, the answer isn’t a simple yes or no, but the legal and safety risks are significant. For any parent or caregiver, understanding the law is crucial. Let’s break down what you need to know.

Understanding Section 218: The Law on Child Abandonment

The primary piece of legislation that applies to this situation is Section 218 of the Criminal Code of Canada. This section makes it an offence to unlawfully abandon or expose a child under the age of ten in a way that puts their life or health in danger.

The law states that a person is guilty of a crime who:

“…unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured.”

The key phrases here are “under the age of ten” and “likely to be endangered.” This means the act of leaving a child in a car is not automatically a crime. Instead, it becomes a criminal offence when the specific circumstances create a foreseeable risk of harm to the child.

It’s All About Context: When Does It Become a Crime?

Since the law hinges on the concept of endangerment, law enforcement and courts will look at the specific context of each situation. Leaving a child alone in a car is not a black-and-white issue; it’s a spectrum of risk.

Factors that determine if a child is “likely to be endangered” include:

• Weather and Temperature: This is the most critical factor. On a hot day, a car’s interior can heat up to deadly temperatures within minutes, even with the windows cracked. Likewise, in the Canadian winter, a child left in a non-running car is at risk of hypothermia.
• Duration: The difference between 60 seconds and 15 minutes is enormous. The longer a child is left unattended, the higher the risk and the more likely it is to be considered endangerment.
• The Child’s Age and Health: A sleeping infant is far more vulnerable than a mature and responsible nine-year-old. A child with specific health conditions could also be at greater risk.
• Location of the Vehicle: A car parked in a busy, high-traffic public parking lot presents different risks (like car theft or accidents) than one parked in your private driveway where you can see it from your window.
• Vehicle Condition: Was the car running? Were the doors locked or unlocked? Could the child potentially put the car in gear or get out into traffic?

Beyond the Law: The Real Dangers

While avoiding a criminal charge is a valid concern, the ultimate reason to avoid leaving a child alone in a car is their safety. The legal consequences pale in comparison to the potential for tragedy.

The primary dangers include:

• Heatstroke (Hyperthermia): A child’s body temperature rises three to five times faster than an adult’s. A car acts like a greenhouse, and a child can suffer a fatal heatstroke in a matter of minutes.
• Accidents: A curious toddler could get entangled in a seatbelt, knock the car into gear, or play with power windows.
• Abduction: While less common, leaving a child alone in an unlocked car makes them a vulnerable target.
• Dehydration and Hypothermia: Both extremes of weather pose a serious threat to a child’s health.

The Bottom Line

So, is it a crime to leave your child alone in a car in Canada? It can be, especially if the circumstances place a child under ten in any potential danger.

While the law is based on context, the safest rule for every parent and caregiver is simple: never leave your child unattended in a vehicle. The risk is never worth the convenience. That quick errand can wait—your child’s safety can’t.

If you have been charged with child abandonment or any other criminal offence, consider reaching out to a criminal lawyer for advice.