cannabisnews.com: U.S. Pot Advocate Seeks Refugee Status in Canada 





U.S. Pot Advocate Seeks Refugee Status in Canada 
Posted by CN Staff on March 06, 2003 at 20:32:05 PT
Commentary
Source: Vancouver Sun 
A U.S. citizen who claims he is being persecuted in California for his use and advocacy of medicinal marijuana appeared on his own behalf Wednesday at a hearing in which he is seeking refugee status in Canada.Steven Kubby told the Canadian Immigration and Refugee Board that state law enforcement officials conspired to arrest him and other sick people who have a legal right to marijuana.
But Canadian Alliance MP Randy White, who successfully applied to make Kubby's hearing public, said Kubby is using the wrong process to make his case against U.S. drug laws."He's suggesting he's being persecuted in the U.S. because of their drug laws, but of course there is no such thing as a refugee from the U.S.," White said in an interview. "An individual who disagrees with any law in the States ought not to be applying through our refugee system."Kubby, 56, a Sechelt resident and host of a Pot-TV Web site, maintains he has to smoke large quantities of marijuana to control symptoms of adrenal cancer, a rare cancer that generates adrenaline rushes that trigger blood pressure spikes, rapid heartbeat, severe headaches and chest pains.Kubby made frequent trips outside the board's office at Library Square to smoke marijuana as the hearing, which was supposed to be public, was held in private all morning.Complete Title: U.S. Pot Advocate Seeks Refugee Status in Canada: Steven Kubby Claims He is Being Persecuted in California Snipped: Complete Article: http://www.freedomtoexhale.com/rboard.htm  Source: Vancouver Sun (CN BC)Published: Thursday, March 6, 2003Copyright: 2003 Vancouver Sun Contact: sunletters pacpress.southam.caWebsite: http://www.canada.com/vancouver/vancouversun/Related Articles & Web Sites:Pot TV http://www.pot-tv.netThe Drug War Refugees http://freedomtoexhale.com/smk.htm Kubby Imigration Hearing - March 5, 2003http://www.pot-tv.net/ram/pottvshowse1819.ramKubby Files with Steve and Michele Kubby http://www.pot-tv.net/ram/pottvshowse1817.ram 'Pot Refugee' May Be Forced to Leave Canada http://cannabisnews.com/news/thread15654.shtml
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Comment #5 posted by FoM on March 10, 2003 at 14:51:55 PT
Important E-Mail News from Steve Kubby 
KUBBY HOSPITALIZED, REFUGEE HEARING POSTPONED VANCOUVER -- Representing her husband and family, Michele Kubby delivered one shock after another to the Canadian Refugee Board. The first shock was that her husband had been hospitalized with a 102 degree fever and pneumonia. "During this emergency, Steve's blood pressure was recorded at 220/128, reminding us just how explosive his condition can be," said Mrs. Kubby.'In fact, my husband has had compromised health since his arrest by Canadian Immigration in April. Prior to that, he was the picture of health. During the April arrest, he was unnecessarily held over for four days, when Canada has a law that detainees must have a hearing within 48 hours. After my husband was held for 48 hours, Immigration dropped the charges, then reinstated them again. We found all of this out at 10:30 at night when nothing could be done. Although Steve managed to survive, his health was badly damaged and has been sliding downhill ever since," charged Mrs. Kubby.A motion was then presented by Mrs. Kubby to request for a three week postponement. The request was granted by the Board.Mrs. Kubby delivered her next shock with a motion to remove Gordon Starr, the lawyer for Canadian Immigration, for lying to the Refugee Board:"When we raised questions about the current controversy regarding the integrity of the Immigration Minister, Mr. Starr questioned our veracity. As you have pointed out, credibility is key in these hearings, and you have said that it is appropriate to raise questions that might establish credibility or lack thereof."Unfortunately, given Mr. Starr's challenge to our veracity, we find it impossible to believe that Mr. Star did not know about this widely published controversy regarding his boss, Mr. Corderre. This issue was discussed at length in the Vancouver Sun, back on February 27th. Also, two of Canada's major papers, The Globe and Mail and the National Post have covered this issue. I have those articles."The Alliance Party had gone so far as to demand Mr. Corderre be fired. This controversy came out on Wednesday of last week. I find it beyond belief that Mr. Star did not hear about his boss and the scandal."I don't mean to belabor a point, but Mr. Starr's behavior severely compromises the credibility of these hearings."Consequently, we are concerned that for Mr. Starr to claim that he didn't know about this and that he was outraged by such statements, shows that he is willing to lie to protect his interests, or in this case his boss. Did Mr. Starr lie? What other explanation is there? And if he is willing to lie about this, what else is he willing to lie about?"This question, plus the story of how Steve was treated by Canadian Immigration in April, shows a pattern and practice to do whatever it takes to bring harm to my family. I am not willing to let that go unchallenged."I am genuinely in fear for my husband's life and for the safety of my family. I am terrified that the same people in Canadian Immigration who forced Steve to remain in jail for four days and started this downward spiral in his health, are still at work. We need some sort of protection now. Therefore, my second motion is that in order to protect my family's interests in this hearing, Mr. Starr must be removed and Canadian Immigration must answer the true facts of why my husband's life was so recklessly endangered in April."Mr. Starr did not deny the allegation, but argued that the Immigration Minister was legally entitled to have whomever he wants to represent him at the hearing. The Refugee Board agreed that despite his behavior, they couldn't remove Mr. Starr and he was allowed to continue.K U B B Y - D E F E N S E - F U N D32545 B Golden Lantern, Suite 101Dana Point, CA 92629Donate: http://www.kubby.com/00-contribute.htmlRelated Articles:U.S. Pot Advocate Seeks Refugee Status in Canada: http://cannabisnews.com/news/thread15662.shtml'Pot Refugee' May Be Forced to Leave Canada: http://cannabisnews.com/news/thread15654.shtml U.S. Pot Smoker Seeks Refugee Status: http://cannabisnews.com/news/thread15653.shtmlReturn Pot To Ailing B.C. Man, RCMP Told: http://www.cannabisnews.com/news/thread14843.shtmlThe Imperial Drug War Commentary from The Orange County RegisterMonday, March 10, 2003Somehow we knew that when Steve Kubby and his family moved from Orange County to British Columbia to avoid clashes with authorities over his medical use of marijuana he would not simply grow his medicine and stay quiet. Sure enough, he has been an outspoken activist in Canada, and Canadian immigration officials have pushed to deport him. Now he is knee-deep in a long-shot effort to establish himself as a political refugee.Canada two years ago changed its law to allow the medical use of marijuana nationwide and is considering decriminalizing recreational use, even though U.S. "drug czar" John Walters has threatened to tighten border security and cut trade if our neighbor to the north is so audacious as to exercise its sovereignty.Mr. Kubby and his wife, Michele, contend that if forced to return to the United States he would be in peril and could be singled out for persecution. He was acquitted on marijuana charges in a Placer County trial, but convicted for possessing a couple of peyote buttons and a psylocibin mushroom, and scheduled to serve four months in prison. But when he was in jail for three days, unable to use the marijuana that he and several doctors (most recently Dr. Joseph Connors of the B.C. Cancer Agency) say keeps his adrenal cancer in remission, his physical condition deteriorated severely. That is why the family moved to Canada.It is also likely that as a visible advocate he could face federal prosecution. Oakland medical marijuana advocate Ed Rosenthal was recently convicted on federal charges although he was growing marijuana as an agent of the city of Oakland in compliance with California law - information the jury was not allowed to know.We hope the Kubbys are allowed to stay in Canada for now. But the real solution to their problem and the problems of thousands of seriously ill people is for the United States to adopt more rational drug policies. Three California members of Congress - Democrats Sam Farr and Lynn Woolsey and Republican Dana Rohrabacher - are crafting a bill to allow federal defendants in states with medical marijuana cases to present medical information to juries. That modest reform should be passed immediately. 
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Comment #4 posted by FoM on March 07, 2003 at 19:53:29 PT
Important E-Mail News from Richard Lake 
MAP: Just Talked to Michele Kubby - Steve is Ill 
    
 Today's hearings went much better, according to Michele. The demand to start over had a good impact.However, the stress of the hearings along with the medical treatment he has been receiving has resulted in severe pneumonia.They are on the way to the hospital now, where he will be for a while. His doctor is writing a request to delay the hearings. It is expected that the request will be honored.Michele asked me to send you this update.Richard
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Comment #3 posted by afterburner on March 07, 2003 at 10:06:03 PT:
Photo for Steve Kubby
Photo for Steve Kubby http://boards.marihemp.com/boards/message.shtml?2x3276x1© Harbinger Mills Publications, Toronto, Ontario, Canadaego destruction or ego transcendence, that is the question.
Photo for Steve Kubby
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Comment #2 posted by FoM on March 07, 2003 at 09:13:03 PT
Important E-Mail News from Steve Kubby
FOR IMMEDIATE RELEASE: Friday, March 7, 2003CONTACT: Steve Kubby, 604-885-7651 (working media only, please)Kubbys to denounce Refugee Board for broken promises and prejudicial behavior.VANCOUVER -- At today's morning meeting of the Refugee Board Hearing of the their refugee case, Steve and Michele Kubby will demand a new hearing, based upon the prejudicial statements by the Board and by Canada Immigration."Despite the promised made to us that this hearing would be fair and impartial, the court transcript clearly shows a disregard for our evidence and an effort to put us and medical cannabis on trial instead," charged Steve Kubby.The Kubbys said they will be demanding a copy of the transcript this morning, as they were promised, and that they intend to show that statements made by the Board and the conduct of Canada Immigration has convinced them that the original agreement has been broken and no fair hearing is possible."We were promised a fair hearing and we expect the Refugee Board to make good on their promise by ending this fraudulent hearing and providing a hearing based upon something more than personal attacks and smear tactics, as we saw yesterday," said Kubby.The Kubbys allege the line of questioning used against Michele Kubby and Patrick McCartney, violated their agreement with the Board that they were not on trial and would not have to defend their medical use of cannabis. Instead, the Kubbys say the Board "allowed a smear campaign of unsubstantiated and wild claims of criminal behavior by the Kubbys."
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Comment #1 posted by BGreen on March 06, 2003 at 21:15:21 PT
Just Like The police states of amerika
They're trying to suppress the evidence so a fair judgement can't be made.According to Kubby, who had access to those proceedings, much of the wrangling was about the admissibility of U.S. documents that one of his witnesses, a U.S. writer, wanted to present to the one-person tribunal.The documents, Kubby said, show that U.S. prosecutors and other law enforcement officials are "conspiring illegally to undercut the law" -- a voter-supported proposition that gave some Californians legal access to marijuana.Pat McCartney, a former city editor of the Auburn Journal, a newspaper in the county near Sacramento where Kubby faced U.S. charges, told reporters outside the hearing that he obtained the documents Kubby spoke of through U.S. freedom of information applications.McCartney, who said he is now writing a book about the medicinal marijuana controversy, held up a handful of manila folders for TV cameras, saying they contain documents that show the state of California and the U.S. federal government set up working groups to try to overturn Proposition 215, California's six-year-old medical marijuana law.
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