Cannabis News Stop the Drug War!
  Canadian Court Rules Kubby Not Fugitive
Posted by CN Staff on May 19, 2002 at 10:50:59 PT
For Immediate Release 
Source: Kubby Files 

medical Vancouver -- Former gubernatorial candidate Steve Kubby was cleared on Friday of any violations of Canadian Immigration law. Canadian Federal Court Adjudicator D. Shaw Dyck found that Kubby had entered Canada legally.

Adjudicator Dyck also ruled that because of alleged political persecution in the United States, Kubby was eligible to apply for Canadian citizenship as a U.N. Convention political refugee.

The refugee appeal process is expected to take at least a year and could take a lot longer, as has been the case with Renee Boje, who has been waiting several years for a final decision on her political refugee status.

Adjudicator Dyke also ruled that since Kubby was not a fugitive, he no longer has to report weekly to Immigration and can now report monthly instead.

Dyke noted that possession of peyote is legal under Canadian law, so Kubby's U.S. conviction for peyote possession has no legal standing in Canada.

The adjudicator also noted Kubby "has been completely honest and up front with Canadian Immigration and in view of his public statements and permission from the Placer court to move to Canada, is hardly a fugitive."

Dyck noted that possession of live mushrooms is legal and only the dried form is illegal, in Canada. She also acknowledged that possession of a small amount of dried mushroom would probably not be prosecuted in Canada.

However, since Kubby was convicted in the U.S. of something that was technically illegal in Canada, she was required to declare Kubby inadmissible until the sentence for the mushroom stem had been served.

The prosecution for the Canadian Immigration Service then argued that Kubby should be immediately deported to face his U.S. sentence of 120 days. He argued that Placer Judge John Cosgrove had gone out of his way to be compassionate to Kubby, even providing written orders that Kubby be allowed to be protected by the Compassionate Use Act while under house arrest and probation.

Kubby's immigration attorney, Alex Stojicevic, responded that although the US court recognized Kubby's right to possess and use medical marijuana, local and federal law enforcement blocked any access to it. Stojicevic argued that Kubby was not allowed to grow any of his own medical marijuana forcing him and others to buy and transport the medicine to his home. Since the courts have ruled that transportation is not covered under the Compassionate Use Act, Kubby was physically and legally unable to comply with his sentence.

Stojicevic also explained to the Canadian judge that there was ample scientific and medical evidence to show that Kubby would die if denied his medical marijuana for more than a few days -- "so despite the trivial nature of his conviction, he faces death if he returns to the U.S."

"Mr. Kubby is a member of a particular social group or political opinion who are being persecuted in the United States. As such he is entitled to apply as a political refugee under the UN Convention, which is recognized by Canada." said Stojicevic.

Adjudicator Dyck then ruled that Kubby met the qualifications and was qualified to apply along with his family for Canadian citizenship.

Kubby joins three other Americans who have officially applied for political refugee status in Canada: Ken Hayes, Steve Tuck and Renee Boje.

"Once again my husband was jailed and nearly killed over charges that proved groundless. A Canadian court has confirmed that Steve is not a fugitive and I think the Canadian police and courts now recognize that they were lied to by Placer County officials," said Michele Kubby.

Contact:

Steve Kubby -- 604-885-7651
Alex Stojicevic -- 604-662-8200

Source: The Kubby Files
Release Date: May 18, 2002
Website: http://www.kubby.org/

Related Articles & Web Site:

Canadian Links
http://freedomtoexhale.com/can.htm

Laws on Medical Pot Draw Americans to Canada
http://cannabisnews.com/news/thread12665.shtml

Pot Activist Held for Three Days in Canada
http://cannabisnews.com/news/thread12663.shtml

California Men Face Hearing in Canada
http://cannabisnews.com/news/thread12562.shtml


Home    Comment    Email    Register    Recent Comments    Help

 
Comment #28 posted by BGreen on May 19, 2002 at 23:04:48 PT
Nancy
Please don't think we're a bunch of bigots. Some might label me anti-semitic because I'm a Christian, but I don't think that's your view of me.

If the Israeli gov't does something wrong we don't blame the Jewish people. We're used to our gov't lying to us, so we really don't trust them, and I pray the rest of the world doesn't hate me because of those in power.

This is the first time I've ever heard cries of racism in this e-group. I understand why you might be defensive, as I am, about people unjustly hating us, but to ignore the fact that power corrupts some, even Jewish people, could leave you open to a lot of pain.

Peace be with you,

Bud

[ Post Comment ]

 
Comment #27 posted by FoM on May 19, 2002 at 23:00:27 PT
BGreen
Don't get upset. I hope Ron will get the preview screen for us soon. He said he would make one. If you want to post the corrected version I will delete these and that will work or leave them as is is fine too. I'm about done for the day but if you respond fairly quickly I will do it tonight but only if you want. Just let me know.

[ Post Comment ]
 
Comment #26 posted by BGreen on May 19, 2002 at 22:55:57 PT
AAAAAHHHHHHRRRRGGGGG!
This funky formatting!

Bud is my name. Peace be with you, Bud, is not what I intended to say.

Peace be with you,

Bud

[ Post Comment ]

 
Comment #25 posted by BGreen on May 19, 2002 at 22:51:55 PT
Oops
The correct version of the last line is:

I understand why you might be defensive, as I am, about people unjustly hating us, but to ignore the fact that power corrupts some, even Jewish people, could leave you open to a lot of pain.

Sometimes I lose it between "cut" and "paste," and only realize it after I hit the "Post Message" button.

[ Post Comment ]

 
Comment #24 posted by BGreen on May 19, 2002 at 22:46:31 PT
Nancy
Please don't think we're a bunch of bigots. Some might label me anti-semitic because I'm a Christian, but I don't think that's your view of me.

If the Israeli gov't does something wrong we don't blame the Jewish people. We're used to our gov't lying to us, so we really don't trust them, and I pray the rest of the world doesn't hate me because of those in power.

This is the first time I've ever heard cries of racism in this e-group. I understand why you might be defensive, as I am, about people not hating us, but to ignore the fact that power corrupts some, even Jewish people, could leave you open to a lot of pain.

Peace be with you, Bud

[ Post Comment ]

 
Comment #23 posted by FoM on May 19, 2002 at 22:44:25 PT
Nuevo Mexican
I finally read the articles. I see why it could be upsetting. I don't know what is true or not. I don't think it is but that's as far as I will commit saying.

Truth is what we want. A couple times I haven't posted an article on C News because I knew it was so wrong that I didn't bother. I post anti articles but I consider that truth from their point of view not mine. I don't know but I will pay attention and see if this surfaces with details that will make sense to me. I don't understand it very well. I have trouble understanding some news articles. They often go right over the top of my head.



[ Post Comment ]

 
Comment #22 posted by FoM on May 19, 2002 at 22:08:16 PT
About The Kubby's Article
Hi Everyone,

This thread has been one of the most different yet powerful threads I've seen. I'm not sure why this particular press release set this off but it did. I sense such anger and frustration in some of the comments and that's not being judgmental just observant. I can't speak for others but I can speak for myself.

We are a community of people with different religious backgrounds, different ages, different sexes and sexual preferences. We have a common denominator. We want the laws changed on Cannabis. That is our unifying issue. I know I don't have the answers to the worlds problems and probably never will but that won't stop me from trying to find the answers. I hope everyone thinks when they speak. Once angry words are spoken they can't be taken back. People don't forget what people type on a computer and they read it. We are adults and we can achieve peace in the drug war if we don't destroy ourselves with issues that really are way out of our reach and also remember that having the Internet is what has brought us together and we learn from using it. We can't let it be the thing that tears us apart or then what is the Internet but a big money maker for big companies. Just my 2 cents.



[ Post Comment ]

 
Comment #20 posted by Nancy on May 19, 2002 at 21:43:11 PT:

Hempity
I have a great deal of respect for the Canadians and their cannabis activism. I am deeply disappointed at hempity's response to me. I stated my opinion about the article and I stand by it. If you wish to engage in name calling and putdowns, that is a reflection on you not me. This will be my last post on this subject.

[ Post Comment ]
 
Comment #19 posted by FoM on May 19, 2002 at 21:38:28 PT
hempity
Hi Hempity,

You don't sound very happy these days. I'm on your side and everyone on C News is too. We are working hard to make sure the world knows what is going on. What more can we do? It's very hard to live free now.

[ Post Comment ]

 
Comment #18 posted by hempity on May 19, 2002 at 21:27:22 PT
Oh Canada
The article is in Canadian media also, we must get totality different news up here, your president and your best buddy in Israel helped pull off and cover up the world trade fiasco or fire works show. How better to solicit the empathy of the ignorant among you, the governments just found you a common enemy to hate. Now you think to tell Canuks what to do and how to do it, won’t happen, you just aren’t that bloody tough. You yanks need to stand up and quit pissing in bottles, better to starve then play in peepee.

[ Post Comment ]
 
Comment #17 posted by Nancy on May 19, 2002 at 20:39:03 PT:

Nuevo Mexican redux
I take offense at your characterization of me. I am certainly NO defender of Bush or his policies. You (Nueva Mexican) posted a link to an article that was deliberately published in the Arab media as a propaganda tool to foment hate against Jews and Israel. To take this out of context and spin this into Cannabis activism is exploitative and hurtful to those who experienced the World Trade Center disaster firsthand. I watched the Towers burn and fall. I lost business colleagues and friends. One of the firefighters who lost his life was a strong supporter of the cannabis legalization movement in NYC. Many of us in NYC still deeply mourn his loss. I do not need a lecture about the injustice of the DEA against medical marijuana patients and lack of freedom in the US, I am well aware of what is going on.

[ Post Comment ]
 
Comment #16 posted by FoM on May 19, 2002 at 19:39:00 PT
Nuevo Mexican
I just received an email from Nancy. I asked her to post her feelings. I told her that reason usually wins out here. Without violating her email she lives in NYC and it's very hard for her. Hopefully she will post again.

[ Post Comment ]
 
Comment #15 posted by Nuevo Mexican on May 19, 2002 at 19:21:52 PT
Nancy,Consider what the article is saying...
How does this relate to Cannabis re-legalization? In every way! If our freedom-loving, gun-toting government supports terrorism, arms friendly militaries, guts treaties, lies to the people daily through the media, etc. etc. then what is going to make them respect sick and dying medical marijuana patients? What will make them give up the trojan horse of Prohibition that is just a disguise for facsist, nazi-like propaganda backed up with SS type actions. (SWAt teams in black, no id, no accountability). When we are a free country again, we will have legal cannabis, until then, you are truly a prisoner, if you think you are free in America!

[ Post Comment ]
 
Comment #14 posted by The GCW on May 19, 2002 at 18:48:28 PT
Nancy
This is about cannabis activism, and Bush is not just a bad apple toward those who accept Our Father’s plant cannabis. He is bad toward Our Father on many facets. He is bad for Truth, yet worse is that Truth is bad for him. His bad seed is interlinked within evil, that stretches like a spider web. I am grateful for Nuevo Mexican for the heads up. If he is mistaken, then set us straight. I believe Nuevo Mexican wishes to grasp all the truth he can muster up, for the sake of Truth itself. Show him better, and you may have your way.

If the Israelis masterminded 9/11 to change US public opinion, is true, then it can not be "Anti-Semitic", can it? Then it is just plain truth. I’m not totally knowledgeable about what is "Anti-Semitic",... exactly. But I thought it only pertains to racist deceit. Truth is above, Anti-Semiticism. Truth trumps everything.

The present diaspora, is lead presently (on earth)by our countries President. It is the diaspora against My Father's children who use cannabis. It has similarities to the past atrocities, that we will use to thwart the evil.



[ Post Comment ]

 
Comment #13 posted by FoM on May 19, 2002 at 17:55:49 PT
My 2 Cents
I don't mind if people share how they see a particular issue. I don't put my beliefs in conspiracies. I never have and really don't understand them but I do know that a puzzle needs all the pieces to be complete. That's why I understand different views from different people on different topics. I could pick a side on what is happening in the Middle East but I won't. A friend that we hadn't seen for a long time dropped by right after 9-11 when we all were talking about it and I asked him what did he think about the WTC disaster. He looked me straight in the eye and said I wondered why it took so long. He said he wasn't shocked at all. We intervened in their war and now we are in the way. This is a war between two religions and we are right in the middle.

[ Post Comment ]
 
Comment #12 posted by Nancy on May 19, 2002 at 17:32:43 PT:

Nuevo Mexican - once again
Excuse me but I thought this Board was supposed to be about Cannabis activism. My reference to the "Anti-Semitic" slant in your post had to do with your putting a link about the Israelis masterminding 9/11 to change US public opinion.

[ Post Comment ]
 
Comment #11 posted by Nuevo Mexican on May 19, 2002 at 17:22:13 PT
Anti-Semite NOT!
Are these Jewish Rabbis' anti-semetic? You make the call! '50,000 plus march through central London on Palestinian rights demo'

http://jerusalem.indymedia.org/news/2002/05/37340.php

Anyone who stands up for 'people armed with rocks and rifles defending their homeland' vs. occupying Israeli manned, American made f-16's, tanks and missles, is labeled anti-semetic. Your mis-applied labels are the original work of the Mossad as well and you sound like one of their tools. Actually, You sound like pretzel boy: any dissenting views are anti-American and pro 'terr-isst' and now, anti-Israeli. But look who's the terr-isst now! OUr unelected resident in mis-chief! Sharons' best buddy! Indicted for a massacre, future looking bleak! 3000 lives lost cause the moron was 'vacationing in Crawford' and didn't read the report issued 2 days earlier hmmmmmm... Believe me, the truth will turn out to be much more horrifying than anyone can imagine! Mark my words! Peace!

[ Post Comment ]

 
Comment #10 posted by FoM on May 19, 2002 at 17:11:31 PT
I need to say something
I looked at what I wrote and mentioned War Emblem was mean natured and I didn't want anyone to think I was comparing that with the Kubbys. That was my comment about the horse only! I hope no one thought I meant otherwise. There I feel better. ( Hope he wins the Belmont too ) LOL!

[ Post Comment ]
 
Comment #9 posted by FoM on May 19, 2002 at 16:41:42 PT
About The Kubbys
If anyone has followed the Kubby's case over the last few years you will know that they have the will and the heart to make a difference. I don't know them personally but I am aware of their determination. Having those qualities can change the world.

I watched The Preakness yesterday ( I love horses ) and watched War Emblem win. He is a mean natured horse but he has heart! Having the will and heart can do wonders. The Kubby's have the will and the heart and history will record it as so.

Nuevo Mexican the satellite should be installed this week! I can't wait! I can't wait! I can't wait! LOL!

[ Post Comment ]

 
Comment #8 posted by Nancy on May 19, 2002 at 16:35:59 PT:

Nueva Mexican post
I am also very happy about the Canadian decision about Steve Kubby. However, Please do not subject us to your anti-Semitic propaganda about 9/11. It truly disgusts me.

Nancy

[ Post Comment ]

 
Comment #7 posted by MikeEEEEE on May 19, 2002 at 16:01:34 PT
WOW!!!
This is great news.

[ Post Comment ]
 
Comment #6 posted by Nuevo Mexican on May 19, 2002 at 15:56:02 PT
The truth about The bush/cheney 'Imp-pyre'
is hard to imagine, but try your best, as the most unbelievable scenarios are the most likely! I don't know about anybody else, but I am celebrating the fall (the very beginning, watch how fast it falls! Kinda like the 911 Towers, quick and deadly) of the new world order and want everyone to share in the delight of our medias' discovery of what we here already know: The bush crime family will get caught because like the mafia, they know the can get away with anything, ALMOST! The gig is up though, as the evidence has already been compiled ON TH4E INTERNET, the people know the details of the sordid story before the pols even get their hands on it. It all over now baby blue! Read this folks and tell C-news posters what you think: There's lot to cheer about FOM, Nature always prevails, and when you get your dish, more good news will follow, and you'll barely have time to post all the great stories! The last three days have been the best in my life, and the worst in shrubs, if he has any clue as to what is to follow in Germany, where he will be properly greeted by non-brainwashed formers victims of Nazis' like Georgie Too. This is great news for the Cannabis/hemp movement and all freedom based activists throughout the world. Next, the war in Columbia will be exposed as another 911 sham, with a mounting death toll, and all the evidence pre-prepared for War Crimes Tribunals. As sure as the sun rises! More great articles:

US Intelligence Had Warning Israel Was Planning Covert Op To "Turn US Opinion Against Arabs" Canadian News Wire Story Was Ordered Suppressed

http://www.overthrow.com/lsn/news.asp?fileName=lsn20011016231017.html

Don't let the lapdog media make you think their on to this, as they are part of this, ask Dan Rather!

comment by poster of following article that says it all: Another bit on the uselessness of 'homeland security' when the whole U.S. population wants to topple the government.

AIR FORCE OFFICER impersonator security breach;bomb scare,Chattanooga airport (english)

http://www.indymedia.org/front.php3?article_id=181244&group=webcast

more: THEY KNEW http://www.indymedia.org/front.php3?article_id=181241&group=webcast

and this:September 11, 2001: No Surprise by Russ KIck http://www.loompanics.com/Articles/September11.html

Happy days are here again, the truth about bush is clear again, the days of war and fear dissappear again, Happy days are here again!

[ Post Comment ]

 
Comment #5 posted by WolfgangWylde on May 19, 2002 at 15:44:45 PT
Holy cow..
...Lord knows I'm given to bouts of cynicism, but this is great news indeed. Perhaps Canada is up to the task of standing up to DEAland after all. Shades of the Vietnam War!

[ Post Comment ]
 
Comment #4 posted by Nuevo Mexican on May 19, 2002 at 14:03:03 PT
Get used to it!
The war is over, it's time to celebrate, as the ship of the police state goes down, let's bring in the new paridym with gusto! Bye bye Ashcroft, Bush, Walters, Cheney etc. E-mail your congresscritters and reps now, as there is no time to waste! Let's make sure this one (the bush/911 connection) doesn't get Enroned, or pushed to the back burner by fake terrorist threats! Peace!

[ Post Comment ]
 
Comment #3 posted by JHarshaw on May 19, 2002 at 14:00:31 PT
I Am
so pleased to see the Powers-That-Be have, in this case done the right thing.

Now, if only this is an indicator of things to come.....Please God.

[ Post Comment ]

 
Comment #2 posted by Lehder on May 19, 2002 at 11:25:18 PT
Bravo, Steve Kubby!
Dyke noted that possession of peyote is legal under Canadian law....

cacti seeds:

Lophophora williamsii - Peyote, Peyotl (Cactaceae) This miraculous cactus has been claimed to hold curative properties for ailments as diverse as toothache, pain in child birth, fever, breast pain, skin disease, rheumatism, diabetes, colds, blindness, neurasthenia, hysteria and asthma. Has also been shown to have antibiotic activity against a wide variety of bacteria including some penicillin resistant strains. This famous sacred cactus is the centre of many ancient and modern churches and religions.

http://www.seedsdirect.to/cactuslist.html

[ Post Comment ]

 
Comment #1 posted by 2Spooky on May 19, 2002 at 11:03:17 PT
Eat this, Placer Co!
As a former inmate of Placer Co. CA, all I can say to this is:

YEEEEEHHAAAAWWWWWW!!!!!!!!!!!!

Boy! Are they gonna be pissed! LOL!

[ Post Comment ]


  Post Comment
Name:        Password:
E-Mail:

Subject:

Comment:   [Please refrain from using profanity in your message]

Link URL:
Link Title:


Return to Main Menu


So everyone may enjoy this service and to keep it running, here are some guidelines: NO spamming, NO commercial advertising, NO flamming, NO illegal activity, and NO sexually explicit materials. Lastly, we reserve the right to remove any message for any reason!

This web page and related elements are for informative purposes only and thus the use of any of this information is at your risk! We do not own nor are responsible for visitor comments. In accordance with Title 17 U.S.C. Section 107 and The Berne Convention on Literary and Artistic Works, Article 10, news clippings on this site are made available without profit for research and educational purposes. Any trademarks, trade names, service marks, or service names used on this site are the property of their respective owners. Page updated on May 19, 2002 at 10:50:59