Pubdate: Tue, 10 Jan 2006
Source: Province, The (CN BC)
Copyright: 2006 The Province
Author: Keith Fraser, The Province
ACTION: Please See
Related: Immigration Canada Continues Its Cover-Up Of Fraud in 
Refugee "Protection" Process. Steve Kubby's Death Would Not 
Irreparable Harm? Call the DA.
Bookmark: (Kubby, Steve)


Michele Kubby yesterday made a last-ditch appeal to stay in

She and her husband, Steve Kubby, medical-marijuana advocates from
California, are facing deportation after exhausting their avenues of

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. 
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