Pubdate: Tue, 10 Jan 2006 Source: Edmonton Journal (CN AB) Copyright: 2006 The Edmonton Journal Contact: http://www.canada.com/edmonton/edmontonjournal/ Details: http://www.mapinc.org/media/134 Author: Keith Fraser, Vancouver Province; CanWest News Service ACTION: Please See http://www.kubby.org/ Related: Immigration Canada Continues Its Cover-Up Of Fraud in Refugee "Protection" Process. Steve Kubby's Death Would Not Irreparable Harm? Call the DA. http://www.marijuananews.com/news.php3?sid=877 Bookmark: http://www.mapinc.org/kubby.htm (Kubby, Steve) LAST HOPE FOR U.S. POT USERS FIGHTING DEPORTATION Wife Tells Court Ailing Husband May Die in Prison If Not Allowed To Stay in B.C. VANCOUVER - Michele Kubby made a last-ditch appeal Monday 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. She appeared in Federal Court on Monday to argue on behalf of her husband, who she said was too ill to attend court. 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's an argument they've made to no avail in previous immigration and court hearings. Keith Reimer, a lawyer for Citizenship and Immigration Canada, told Federal Court Judge Yvon Pinard there was nothing new in Kubby's arguments. Steve Kubby came to Canada in 2001 after drug charges were laid against him and was later convicted in California for possession of mescaline and psilocin. He was sentenced to three months in jail, but told he could serve it through house arrest. Canadian immigration authorities issued the removal order against Kubby -- who had filed an unsuccessful refugee claim -- in 2002 on criminality grounds. A recent risk assessment concluded Kubby was at no risk if he was returned to the U.S. On Monday, Pinard told Michele Kubby that he may not be able to rule before Jan. 12 -- the day set for the family's removal -- but that authorities wouldn't act until his judgment is released. Outside court, Kubby, with her nine-year-old daughter by her side, said she's "terrified" that if her husband goes back to the U.S. he might die in prison. "I'm not a lawyer. I'm just a mom and a wife and I'm very concerned about what happened in that courtroom today. ... I need to ask the Canadian people for help because I'm losing the battle to save my husband's life." Doug Hiatt, a Washington state lawyer, said it was wrong for courts in Canada or anybody else to think patients do not get treated in U.S. jails. - --- MAP posted-by: Richard Lake