OPP SEIZES PAPER'S FILES ON MARIJUANA GROWER

Ontario Provincial Police investigators have seized photographs and
computer files from a weekly newspaper, but not a reporter's notes on
a medical marijuana growing operation.

Bart Kreps, editor of the Brighton Independent, said the terms of a
search warrant executed Tuesday had been changed from an earlier
version and the notes were not sought.

Kreps said Independent owner and publisher Stasha Conolly had already
told police the newspaper did not have the notes and considered them
to be the reporter's property.

Instead, the newspaper was notified that it will face a subpoena for
the notes when the case against Dianne Bruce, who is charged with
possession, production of and trafficking in marijuana, goes to trial.

"I believe there are more opportunities to fight a subpoena," said
Kreps, adding that police were provided with a disk of photographs
and the original draft of an article by reporter Tom Philp, himself a
former OPP officer.

Kreps said there was no indication of a public security risk or
imminent danger that the newspaper's materials could avert.

But, he said, "we were told that if we refused them access we'd most
likely be charged with obstruction of justice." The paper was
unwilling to face the prospect of jail for its staff or a protracted
court battle, he said.

Bruce's case may be a test of Canada's tortuous laws on medical
marijuana. She has stated that 56 people with Health Canada
exemptions permitting them to use it as a painkiller designated her
to grow it for them.

Prior to Aug. 1, there was no legal method of obtaining the drug for
exempted Canadians who lack the skill, health or space to grow the
plant.