Pubdate: Wed, 01 May 2002
Source: Independent, The (CN ON)
Copyright: 2002 Conolly Publishing Ltd.
Contact:  http://www.eastnorthumberland.com/thisweek.html
Details: http://www.mapinc.org/media/1596
Author: Tom Philp

SECOND CHANCE FOR CRAMAHE MEDICAL MARIJUANA GROWER

Diane Bruce got a second chance to remain at home pending her trial on 
marijuana-related charges, when a local court ruled there was no reason to 
keep her in jail.

Bruce was charged with numerous counts of growing, and possessing, 
marijuana after Combined Forces Drug Squad officers raided her Cramahe 
Township property last October. Bruce was growing medical marijuana for 
about 40 people who have legal exemptions to use the drug.

Bruce was released October 29 on a personal recognizance. As a condition of 
bail, Bruce was required to "sign in" every Monday at the Cobourg 
Detachment of the Ontario Provincial Police (OPP).

When Bruce arrived in Cobourg to sign in on April 22, OPP officers arrested 
her for breaching her recognizance by reporting to them one day late the 
previous week. Bruce was transferred once again to the Whitby Jail, where 
she stayed until last Wednesday's bail hearing in Cobourg.

Appearing before Justice of the Peace Dolly McCoy, Bruce told the court she 
missed signing in on April 15 because she was at a healing seminar in 
British Columbia from April 10 until the evening of April 14. The first 
available return flight to Toronto left Vancouver at 7:15 a.m. on April 16, 
and she was driven "straight from the airport to Cobourg OPP" after 
arriving in Ontario, she said.

Bruce said her doctor had provided a letter for police, explaining she was 
out of the province for medical reasons. Bail conditions from October did 
not prevent her from travelling outside the area, as long as she resided in 
Cramahe Township with her surety, Karen Marshall, she said.

Bruce testified her health was failing, and she was "given this wonderful 
opportunity to get better" by concerned medical marijuana users in B.C. 
Marshall had been asked to take the doctor's letter to Cobourg OPP on April 
15, because (Bruce) would not be able to sign in until the following day, 
she said.

It was not until her return, and subsequent arrest, that Bruce discovered 
she had left the wrong doctor's note for Marshall, she said.

Marshall told the court Bruce had left a sealed envelope for her, and 
instructions to take it to Cobourg OPP on April 15. When police opened it 
and read the letter, they noticed it was dated in November 2001, and made 
no mention of Bruce having to leave Ontario for medical reasons.

Police advised Marshall to "pull the bail" on Bruce, since she was in 
breach of her conditions, and likely to be arrested, she said.

Marshall said police also accused her of not living with Bruce at the 
Cramahe residence (another condition of Bruce's October bail), since she 
could not tell them "where Diane was at that exact moment."

Colborne resident Ryan Roseborough, a friend of Bruce who has raised 
Rottweiler puppies with her for about two years, testified he trusted 
Bruce, and was prepared to offer his own property as additional surety for 
her release.

Although special federal prosecutor Doug Mann was not in court, a 
provincial crown attorney told Justice McCoy it was a "clear case" of Bruce 
not reporting to police as per the conditions of her earlier release, and 
that it was evident Marshall "had no control over" Bruce's actions. He 
asked McCoy to keep Bruce in custody until her preliminary hearing (on the 
October charges) May 7.

Justice McCoy told Bruce the court "takes every breach of recognizance very 
seriously," but saw no reason to keep her in jail.

Bruce had signed in for "24 out of 25 weeks consecutively," had children 
living at home with her, the support of two sureties, and had "voluntarily" 
returned from her trip to British Columbia, going directly from Pearson 
Airport to the Cobourg OPP office, she said.

"I'm giving you a second chance, your last chance," McCoy told Bruce before 
releasing her again. Marshall will remain as surety, Roseborough will 
provide a further $3,000 surety, and Bruce will not be allowed to leave 
Ontario while on recognizance, McCoy said.
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