Pubdate: Tue, 27 Feb 2001 Source: Edmonton Sun (CN AB) Copyright: 2001, Canoe Limited Partnership. Contact: #250, 4990-92 Avenue, Edmonton, Alberta, T6B 3A1 Canada Fax: (780) 468-0139 Website: http://www.canoe.ca/EdmontonSun/ Forum: http://www.canoe.ca/Chat/home.html Author: Tony Blais EX-FIREMAN BEATS DOPE GROWING RAP Judge Tosses Out Search Warrant A former city firefighter who claims he needs marijuana to combat depression was yesterday acquitted of pot-growing charges after a judge threw out a search warrant. And the outspoken ex-smoke-eater said his depression was mainly due to alcoholism which he said "runs rampant" in both the police and fire departments. Retired captain John Klaver and his wife Wendy were all smiles after Court of Queen's Bench Justice Edward MacCallum found them not guilty of producing a controlled substance and possession for the purpose of trafficking. The charges stem from a Sept. 17, 1998, police raid on their Stony Plain-area acreage home that turned up a hydroponic grow operation containing 40 mature pot plants with an estimated street value of about $30,000. MacCallum ruled an RCMP search warrant used to raid the home was invalid because the judge who issued it was given misleading disclosure by the officers involved. "I have found this was an unreasonable search and seizure," said MacCallum. Court heard the Mounties used a made-up hit-and-run to trick Klaver into divulging his address and failed to tell the judge who issued the search warrant that their informant had a criminal record and was getting paid. However, the breach which MacCallum cited as a violation of the Klavers' charter rights was the fact RCMP did not give the judge a specific address nor tell him there were other families living on the quarter section. "In my view, the presiding judge hearing the search warrant application was denied the right to carefully weigh the privacy issues," said MacCallum, who excluded the evidence found as a result of the search warrant. Outside court, Klaver, 53, said he felt exhilarated. "It's a beautiful thing to be free," said Klaver, a 30-year veteran firefighter who retired in May 1999. His 51-year-old wife agreed wholeheartedly. "I'm just glad this nightmare of 2 1/2 years is over," she said. Klaver again defended his need to use marijuana for medical reasons to treat his depression. "I've never hidden the fact that I was depressed and I think this depression is mainly due to alcoholism and it runs rampant both in the fire department and in the police department," said Klaver. However, both departments disputed Klaver's claim. Acting fire chief Dick Veldhuis said he "certainly didn't concur" with Klaver's comments and added there are lots of resources available for firefighters with problems. "We have 839 employees in the fire and rescue part of emergency services and the situations to do with alcoholism and depression are very very low," said Veldhuis. City police spokesman Wes Bellmore agreed. "Running rampant sounds like a gross overstatement," said Bellmore. "It suggests it affects day-to-day operations and quality of police work and that is simply not true." - --- MAP posted-by: Beth