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/
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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."
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