Pubdate: Tue, 10 Jan 2006 Source: Province, The (CN BC) Copyright: 2006 The Province Contact: http://www.canada.com/vancouver/theprovince/ Details: http://www.mapinc.org/media/476 Author: Keith Fraser, The Province 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) MEDICAL-POT ADVOCATE APPEALS TO COURT FOR HUSBAND Michele Kubby yesterday made a last-ditch appeal to stay in Canada. She and her husband, Steve Kubby, medical-marijuana advocates from California, are facing deportation after exhausting their avenues of appeal. She appeared in Federal Court of Canada yesterday to argue on behalf of Steve, who she said was too ill to attend. Kubby said they should not be deported because her husband, who suffers from a rare cancer and has a medical certificate to use pot for treatment, faces possible death in jail if returned to the U.S. It's an argument they've made before, to no avail. Keith Reimer, a lawyer for Citizenship and Immigration Canada, told Judge Yvon Pinard that there is nothing new in Kubby's arguments. Steve Kubby came to Canada in 2001 after he was convicted in California of possessing mescaline and psilocin. He was sentenced to three months in jail but told he could serve it via house arrest. In 2002, immigration authorities issued the removal order on criminality grounds against Kubby, who filed a refugee claim that failed. A pre-removal risk assessment found there would be no risk to Kubby if he was returned to the U.S. The judge said he may not be able to issue a ruling before Jan. 12, the day set for the family's removal, but authorities would not act until his judgment is released. Michele, with her nine-year-old daughter by her side, said outside court she is "terrified" that if her husband goes back to the U.S. he will 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 defence lawyer, said it is "Kafkaesque" for courts in Canada to think patients would get marijuana treatment in U.S. jails. - --- MAP posted-by: Richard Lake