SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN v. TERRY RHEINLANDER
REASONS FOR SENTENCE
BEFORE THE HONOURABLE JUSTICE C.J. CONLAN
On Wednesday, December 13, 2017, at Owen Sound, Ontario
APPEARANCES:
Ms. B. Lawson
Counsel for the Federal Crown
Terry Rheinlander is self-represented
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R. v. Terry Rheinlander
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HMQ v. Rheinlander, 2017 ONSC 7763
WEDNESDAY, DECEMBER 21^st^, 2017:
CONLAN, J. – Orally:
These are my oral Reasons for sentence in the matter of Her Majesty the Queen and Terry Chris Rheinlander.
I. Introduction
On November 6, 2017, Mr. Rheinlander, self-represented, entered a guilty plea and was found guilty of the single count on the indictment, namely, production of cannabis marijuana, contrary to section 7(1) of the Controlled Drugs and Substances Act.
A brief review of the facts underlying the offence is as follows:
On February 24, 2015, at the Municipality of Northern Bruce Peninsula, police executed a search warrant at a home owned and occupied by Mr. Rheinlander.
During the execution of the search warrant, the police discovered a cannabis marijuana grow operation inside the residence.
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Mr. Rheinlander was found sleeping inside the residence at the time of the execution of the search warrant.
Specifically, the police discovered 17 mother plants, 55 immature plants, 58 mature plants budding in soil, 164 clones (seedlings), 124 grams of marijuana bud; in the kitchen a digital scale, baggies and other drug paraphernalia. The total estimated street value of the narcotics, according to the police, is $86,370.
II. The Offender
Some remarks are warranted in terms of the circumstances of the offender, Mr. Rheinlander.
He is currently 55 years old.
He is not married and never has been. He has no children.
He has not had paid employment for some period of time. He is in receipt of Ontario Works benefits.
His parents are both deceased.
Mr. Rheinlander has significant medical issues, including being blind in one eye, having limited vision in the other eye, having lost a finger due
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to an infection, having a hole in his leg due to an infection, and having suffered in the past from diabetic seizures.
Mr. Rheinlander has an unenviable criminal history beginning in 1985 and continuing through to 2010. The criminal record includes many, many prior convictions for a variety of offences, including over 80, impaired driving, breach of recognizance, theft, driving while disqualified, attempting to obstruct justice, obstruct a peace officer and most germane to this case, a conviction for simple possession of a narcotic in 1990, and more important, a conviction for production of a scheduled substance in 2010. On the latter, Mr. Rheinlander was sentenced to six months in custody on top of nine days’ time served.
III. The Positions of the Parties
The Crown requests the following sentence: twelve (12) to eighteen (18) months in custody, as well as ancillary Orders.
None of the ancillary Orders sought by the Crown is opposed by Mr. Rheinlander with one exception; that being, forfeiture of the real property owned by Mr. Rheinlander and located at 180 Whiskey Harbour Road, Whiskey Harbour, Ontario.
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Mr. Rheinlander, self-represented, has done a very able job in making submissions today, and recommends a sentence of nine (9) months in custody. He does not oppose any of the ancillary Orders sought by the Crown, but for the forfeiture Order with respect to the property at 180 Whiskey Harbour Road.
The Crown seeks a forfeiture Order for twenty (20) percent of Mr. Rheinlander’s ownership interest in that property.
Mr. Rheinlander, in submissions to the Court, suggested that I entertain a smaller percentage. At one point, Mr. Rheinlander recommended five (5) percent.
IV. Analysis
The Legal Parameters
There is no mandatory minimum punishment in play in this case.
The Basic Legal Principles on Sentencing
Sentencing is a highly discretionary and individualized process.
I must consider the principles of sentencing outlined in section 718 of the Criminal Code.
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In my view, the most important sentencing principles here are denunciation, general deterrence, specific deterrence of Mr. Rheinlander, given his criminal history, and rehabilitation.
Any sentence imposed must be proportionate to the gravity of the offence committed by Mr. Rheinlander and the moral blameworthiness, or the degree of responsibility of Mr. Rheinlander.
This is a serious crime. It is certainly not the largest or the fanciest marijuana grow operation that this Court has seen, however, it did contain a certain level of sophistication spoken about by Detective Constable Thompson in his testimony today, and illustrated in the photographs as part of the application record for the forfeiture of the real property. The operation also included a not insignificant number of plants and other drug paraphernalia.
In terms of the moral blameworthiness of Mr. Rheinlander, one must consider that he has two prior narcotics related convictions on his record and in fact, was convicted some seven years ago of this same offence of production of a scheduled substance.
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The Aggravating and Mitigating Factors
The aggravating factors here include (i) Mr. Rheinlander’s prior, and to some degree, related criminal history, and (ii) the size and scope of the indoor marijuana grow operation at his home.
There are as well, mitigating factors that this Court must consider and those include (i) the guilty plea by Mr. Rheinlander which saves a trial and is itself a sign of genuine remorse on the part of Mr. Rheinlander, and (ii) his significant medical issues.
What is a fit Sentence for Rheinlander?
In the end, I have determined that a fit custodial sentence on these facts, for this offender, Mr. Rheinlander, is the bottom end of the range suggested by Ms. Lawson.
An effective sentence of twelve (12) months in custody is appropriate in all of the circumstances, however, it will be reduced to eleven (11) months from today in order to account for the ten (10) days served by Mr. Rheinlander before being granted bail. This Court exercises its discretion in grossing that up to an even thirty (30) days, or one (1) month. Twelve (12) months less the equivalent of one (1) month leaves eleven (11) months in custody from today.
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That is the sentence of the Court, but there are the ancillary Orders to deal with.
Unopposed by Mr. Rheinlander, the section 109 Criminal Code firearms and weapons prohibition Order shall issue for a period of life.
The secondary DNA Order shall issue.
A mandatory victim fine surcharge is imposed with twelve (12) months to pay upon Mr. Rheinlander’s release from custody.
The forfeiture Order for everything, but for the real property, has been signed as presented.
This Court declines to impose any further probation on Mr. Rheinlander, notwithstanding, the offender’s submission that he is not necessarily opposed to it. In my view, Mr. Rheinlander, at the age of 55 years now, with his criminal history, must take it upon himself to ensure that he does not end up back at this Court. Any further prospects for, essentially, babysitting Mr. Rheinlander would be futile, in my view.
That leaves only the forfeiture of the real property at 180 Whiskey Harbour Road. On that forfeiture application by the Crown, given the
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materials filed and the evidence of Detective Constable Thompson, which I was impressed with, and also in consideration of the evidence of Mr. Rheinlander, the application by the Crown is granted, but for a reduced ten (10) percent of the offender’s ownership interest in the said property.
The Crown shall file a proper Order for signature and copy that draft to Mr. Rheinlander in advance. Once the Order is signed, the Crown shall provide a copy as well to the offender.
The position of the Crown seeking twenty (20) percent is not at all unreasonable, but given Mr. Rheinlander’s difficult personal circumstances, and given the fact that he will be incarcerated for some period of time, I have decided to show some degree of mercy to Mr. Rheinlander in reducing the percentage of the forfeiture Order from the twenty percent sought by the Crown to the ten percent that I have decided to impose.
I have endorsed the indictment as follows, and then I will ask if there is anything that I have left out.
Ms. Lawson appears for the Federal Crown. Mr. Rheinlander appears in person, self-represented.
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The sentence is twelve (12) months in jail less ten (10) days presentence custody grossed up to thirty (30) days, equals eleven (11) months in jail from today. No probation is ordered. Forfeiture Order signed as presented for everything except the real property at 180 Whiskey Harbour Road. Secondary DNA Order issued. Section 109 Criminal Code Order issued for life. Victim fine surcharge imposed, 12 months to pay upon release from custody. And on the forfeiture application of the real property, that application is granted for 10 percent of Mr. Rheinlander’s ownership interest in the said property.
Is there anything that I have left out?
MS. LAWSON: No. Thank you very much Your Honour, that’s, that’s everything.
THE COURT: Mr. Rheinlander, I have to ask you a few questions please.
TERRY RHEINLANDER: Sure.
THE COURT: Do you understand the sentence of the Court?
TERRY RHEINLANDER: I believe I do.
THE COURT: Do you have any questions that you want to ask me about the sentence?
TERRY RHEINLANDER: How much time will I have to pay once I get out, on the property?
THE COURT: Well, it’s, there is no time to pay. There is likely to be some sort of a lien or
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charge placed against the property. I don’t know...
TERRY RHEINLANDER: Okay.
THE COURT: ...but all I would say is that once you are released from custody, I would attempt to deal with whomever it is that you need to deal in order to try to pay something to get that lien or charge lifted.
TERRY RHEINLANDER: Okay.
THE COURT: There’s no set time.
TERRY RHEINLANDER: Okay.
THE COURT: Do you understand the victim fine surcharge? I think it’s $200 and it has to be paid within 12 months of your release from custody.
TERRY RHEINLANDER: Okay.
THE COURT: Do you understand that?
TERRY RHEINLANDER: Yeah.
THE COURT: You must pay it or get an extension or else you could be charged with a further criminal offence and you could go to jail if found guilty.
TERRY RHEINLANDER: Okay.
THE COURT: The firearms and weapons ban is for life.
TERRY RHEINLANDER: Yes.
THE COURT: You must obey that...
TERRY RHEINLANDER: Yes.
THE COURT: ...or else you could be charged and you could go to jail.
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TERRY RHEINLANDER: Okay.
THE COURT: The DNA Order is normally done by way of a blood sample. You must cooperate with the police in giving that sample...
TERRY RHEINLANDER: Sure.
THE COURT: ...or else you could be charged and you could go to jail. The forfeiture Order of all of the other items has been signed. You understand that?
TERRY RHEINLANDER: Yes.
THE COURT: And the sentence of the Court is 11 months in jail from today. The actual sentence is 12 months but I have given you credit for the equivalent of one month time served.
TERRY RHEINLANDER: Okay.
THE COURT: So it’s 11 months from today. I did not impose any probation and the forfeiture Order on the property at Whiskey Harbour Road is for 10 percent.
TERRY RHEINLANDER: Okay. Thank you.
THE COURT: Do you understand?
TERRY RHEINLANDER: Yes.
THE COURT: Again, I want to give you an opportunity to ask me any questions if you wish.
TERRY RHEINLANDER: That, so it starts, I actually go to jail today. Correct?
THE COURT: You are correct. You, as soon as I get off of this dais you will be, that’s this desk here, you will be taken into custody.
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TERRY RHEINLANDER: Okay. Thank you.
THE COURT: So, I would like to thank Ms. Lawson and Detective Constable Thompson for your help with this case.
MS. LAWSON: Thank you Your Honour.
THE COURT: And especially because I think that you have been quite fair to Mr. Rheinlander and that is to be commended because he is self-represented. Mr. Rheinlander, I want to tell you that I thought you did a fairly good job today as a self-represented accused person. It is not easy.
TERRY RHEINLANDER: Thank you.
THE COURT: You are not a stupid person. You are actually quite articulate and I was able to understand all of your submissions and your evidence today. You, you have it in you sir, to do something more than this type of stuff.
TERRY RHEINLANDER: Yes.
THE COURT: So I hope that when you are released from custody that you are able to perhaps improve your health situation and be a productive member of society.
TERRY RHEINLANDER: I’m hoping for that.
THE COURT: Okay. Thank you.
MS. LAWSON: Thank you Your Honour.
MATTER IS CONCLUDED
Forms 1 and 2
Form 1
CERTIFICATE OF RECORDING
Evidence Act (subsection 5(1))
I, Linda J. Thompson, certify that Recording 1011-crtrm#201-20171213-094039-10-CONLANC.dcr is the recording of the evidence and proceedings in the Superior Court of Justice held at 611 9^th^ Avenue East, Owen Sound, Ontario on Wednesday, 13^th^ December, 2017, and that I was in charge of the sound recording device during those proceedings.
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Form 2
CERTIFICATE OF TRANSCRIPT
Evidence Act (subsection 5(2))
I, Linda J. Thompson, certify that this document is a true and accurate transcript of the recording; Her Majesty the Queen v. Terry Rheinlander, in the Superior Court of Justice, held 611 9^th^ Avenue East, Owen Sound, Ontario taken from Recording which has been certified in Form 1.
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