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."