Man banned from owning animals for throwing chihuahua in Nanaimo

Gardiner was also credited for five days in jail, and the animal ban is under the Prevention of Cruelty to Animals Act.

Court heard the City workers saw Gardiner walking while carrying the female chihuahua at the intersection of Aulds Rd. and the Nanaimo Parkway.

They reported seeing Gardiner drop the dog onto the ground, which was covered in ice at the time. Gardiner then picked the dog back up and walked halfway across the road before throwing her into a snowbank.

The City workers followed Gardiner, telling him to stop.

Gardiner replied his dog “likes it.”

One of the coworkers tried to stop Gardiner and secure the dog, but backed off once Gardiner started yelling at him.

The incident quickly went viral on local social media pages, with members from across Vancouver Island and abroad saying they were looking for Gardiner.

He was arrested on Feb. 23, in Coquitlam while still in possession of the chihuahua, who was sent to the local SPCA for care.

Court heard while the dog did not appear to be physically injured, he was “very nervous and scared,” according to Crown counsel’s Suzanne Cassell, who noted the dog was prescribed medication for her anxiety.

It was at this point Gardiner, sitting in Nanaimo court behind his lawyer, scoffed and said, “it’s a chihuahua,” referencing the fact it is common for this breed to be naturally nervous.

Judge Proteau admonished Gardiner for the outburst.

“You know what? Here’s the thing. If it’s a joint submission that’s being proposed by the Crown and defence, that doesn’t matter. I don’t have to accept it. I haven’t even heard what it is yet, but I’ve heard you essentially caused this animal to be in distress, based on what I heard, so if I were you, I wouldn’t say anything further right now, because I can impose any sentence I want at the end of the day, if I don’t find it appropriate.”

Gardiner quickly apologized and said he didn’t think it was a joke, to which Proteau replied, “well, that’s certainly what it seems like, so please be quiet.”

Court heard how Gardiner struggled with addiction throughout his life, but has been sober since he was released from jail in February on an unrelated matter for driving while disqualified and breaching police-applied conditions in New Westminster last fall.

He also received a suspended sentence for an assault conviction in June of 2023, and spent two weeks in jail for a separate assault in Vancouver late last year.

“From Mr. Gardiner’s perspective, he did very much so care for that dog,” defence attorney Matthew Cumblidge said during sentencing. “And on the date in question, he does admit in all the circumstances, his actions did cause the dog distress.”

Gardiner declined to formally address the court.

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by Jordan Davidson

Man banned from owning animals for throwing chihuahua in Nanaimo

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