RECENT CASE LAW AFFECTS MAN'S PROBATION ORDER

A judge agreed Monday to omit the standard no-illegal drugs condition
from the probation order of a local man who uses marijuana for
medicinal purposes.

But Ontario Court Justice Kristine Bignell warned Ronald Renner that
until he has a medical exemption he will be breaking the law.

If he breaks the law, he will be charged and may not receive the same
amount of leniency the Crown gave him this time, she told the 47-year-old man.

"Think carefully about it," Bignell suggested. "It could have severe
consequences."

Bignell indicated that because of recent case law she wasn't going to
impose the condition.

A Superior Court judge in St. Catharines ruled last week that
Canada's medical marijuana program is invalid and denies access to
sick people who need the drug, largely because many family doctors
refuse to endorse the required paperwork for patients.

As part of the ruling, Justice Donald Taliano struck down laws
against possessing and growing marijuana.

He gave Ottawa 90 days to overhaul the program. If the federal
government doesn't respond, possession and production of marijuana
would effectively be legalized.

Renner apologized to the court, saying he hadn't been thinking
clearly and hadn't "considered the consequences beyond the reality of today."

"As God is my witness this sort of thing will never happen again," he vowed.

Renner had faced a count of trafficking, but in February the Crown
accepted a plea to possession of a controlled substance.

The court heard he attempted to send a package, containing 25 grams
of marijuana, by bus to a friend in White River.

A joint Crown-defence submission called for a suspended sentence,
with 12 months probation and 75 hours of community service.

At that time, defence counsel Ross Romano asked Bignell not to impose
the usual condition that would require his HIV-positive client to
abstain from using the drug.

"He is going to be going through significant aches and pains," Romano
said, adding Renner doesn't know if he can tolerate the pain.

Renner told the judge he began using marijuana when he was diagnosed in 2003.

He said he had tried a number of times to get access to a medical
exemption, but was unable to find a doctor in Sault Ste. Marie who
was willing to assist him.

Federal prosecutor Wayne Chorney opposed the request to omit the
standard probation condition imposed for drug offences.

"The court shouldn't be seen relaxing that condition for people who
have serious health issues," he argued.

He said accepting a guilty plea to the lesser offence was a
"compassionate exercise of prosecutorial discretion."

Sentencing was adjourned at that time.

On Monday, Chorney said he doesn't know if the recent decision will
change things, but "there is a 90-day window."

He suggested one option might be to adjourn sentencing for a further
three months.

Romano said that while that decision might benefit his client, Renner
didn't want to continue with the matter because it causes him high
levels of anxiety.

Bignell decided to go ahead with sentencing and imposed the joint
position of probation with 75 hours of community service.