Judge tosses out charges against Collingwood, Ontario man who killed home intruders with shotgun

Gardiner had been watching TV with his girlfriend at their Collingwood home when their door was kicked in. 3 disguised men entered the home, one with a sawed-off shotgun, and proceeded t0 zip-tie the hands of Gardiner and his girlfriend, also attaching Gardiner's dog to his leg.

The men were after Gardiner's son's marijuana and cash – he had been known to sell pot in the area. Gardiner's son had set up cameras in his upstairs room to keep an eye on his stash – they notified his phone when the home invaders walked in. This caused his son to hurry home.

While kicking the door open to the house, Gardiner's son knocked one of the invaders shotgun out of their hands, Gardiner himself had already slipped out of the zip-ties. A tussle then ensued and Gardiner grabbed the shotgun and fired at the men, 2 of them collapsed in the backyard.

During the trial, Madam Justice Michelle Fuerst told the Zoom onlookers "there is no reasonable prospect for conviction. Both charges are withdrawn at the request of the Crown."

Criminal defence lawyer Elliott Willschick said he always believed in Gardinder: "I told him at the start when he lost a little bit of faith after he got put in jail, I said: 'Cam, you can never doubt your actions on that night.' And he’s the one who led us through this, towards getting his charges withdrawn."