Pubdate: Tue, 10 Jan 2006
Source: National Post (Canada)
Copyright: 2006 Southam Inc.
Author: Keith Fraser, CanWest News Service
ACTION: Please See
Related: Medical Marijuana Refugee Running Out of Time, Options
Related: Steve Kubby Is the Only One In This Story Who Has NOT Broken 
The Law, But He Faces the Death Penalty.
Bookmark: (Kubby, Steve)
Bookmark: (Cannabis - Medicinal)
Bookmark: (Cannabis - Medicinal - Canada)


VANCOUVER (CanWest News Service) - Michele Kubby made a last-ditch 
appeal yesterday to stay in Canada.

She and her husband, Steve Kubby, medical marijuana advocates from 
California, are facing deportation after exhausting all previous 
avenues of appeal.

Mrs. Kubby appeared in Federal Court yesterday to argue on behalf of 
her husband, who she said was too ill to attend court.

Mrs. Kubby said they deserve a stay on their immigration removal 
order because her husband, who suffers from a rare form of cancer and 
has a medical certificate to use marijuana for treatment, faces 
possible death in jail if returned to the United States. It is an 
argument they have made previously in immigration and court hearings 
to no avail.

Keith Reimer, a lawyer for Citizenship and Immigration Canada, told 
Federal Court Judge Yvon Pinard there was nothing new in Mrs. Kubby's 

Steve Kubby came to Canada in 2001 after drug charges were laid 
against him. He was later convicted in California for possession of 
mescaline and psilocin.

In 2002, immigration authorities issued the removal order on 
criminality grounds against Mr. Kubby, who filed a refugee claim that 
failed. A pre-removal risk assessment recently conducted found there 
was no risk to Mr. Kubby if he was returned to the United States.

Judge Pinard told Mrs. Kubby he may not be able to issue a ruling 
before Jan. 12 -- the day set for the family's removal, but that 
authorities would not act until his judgment is released.
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