cannabisnews.com: Pot Advocate Denied Refugee Status in Canada

Pot Advocate Denied Refugee Status in Canada

Posted by CN Staff on December 08, 2003 at 14:59:12 PT
By CBC News Online Staff
Source: CBC

Vancouver -- A U.S. medical marijuana advocate who sought refugee status in Canada had his claim rejected Monday. Canada's Immigration and Refugee Board ruled that Steve Kubby did not have a well-founded fear of being persecuted or tortured, or that there was any risk to his life, if he returned to his home state of California.
Kubby had said the 120-day jail term he was ordered to serve in California on minor drug charges would be a death sentence. He claimed if he did not smoke pot every hour, he would die from complications from adrenal cancer. Kubby fled to British Columbia in 2001 to avoid the jail sentence. He then filed a refugee claim to avoid being deported. The Board noted that California does permit the medical use of marijuana in some cases. The Board also ruled against the refugee claims of Kubby's wife Michele and their two daughters. Source: Canadian Broadcasting Corporation Published: December 08, 2003Copyright: 2003 CBCContact: letters cbc.ca Website: http://www.cbc.ca/Related Articles & Web Sites:The Kubby Defense Fundhttp://www.kubby.org/The Drug War Refugeeshttp://www.freedomtoexhale.com/smk.htmCanada To Decide Status of Medical Pot Advocatehttp://cannabisnews.com/news/thread17925.shtmlKubbys Await Refugee Ruling http://cannabisnews.com/news/thread17775.shtmlMedical Marijuana User Claims Persecution http://cannabisnews.com/news/thread15907.shtml

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Comment #36 posted by FoM on December 09, 2003 at 08:24:09 PT
JM Rodgers
Sorry you felt that way.
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Comment #34 posted by FoM on December 09, 2003 at 07:57:34 PT

JM Rodgers
You are new here. Try again to put your feelings in words if you want to but try to tone it down. I would really appreciate it. Thank you.
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Comment #32 posted by FoM on December 08, 2003 at 22:33:44 PT

BGreen
I'm not the boss just a person who loves doing CNews but that was sweet. I try hard to make everyone happy but I just can't. It's one of those impossible things in life. I did find out good news today. Neil Young is doing a Greendale winter theatre tour. We are buying tickets as a Christmas present to each other. Greendale is my kind of music.
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Comment #31 posted by BGreen on December 08, 2003 at 22:23:22 PT

You're the boss, FoM
I just wanted all of the CNews people to read those articles.The Reverend Bud Greenhttp://www.cannabisnews.com/news/thread17931.shtml#11http://www.cannabisnews.com/news/thread17931.shtml#12
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Comment #30 posted by FoM on December 08, 2003 at 21:09:17 PT

A Little Note
When I do a search I use the search that is on this page for CNews. I don't know how a regular google search works at finding a lot but using this one it brings up about anything with one or a few words from the site. It's really great.http://www.freedomtoexhale.com/
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Comment #29 posted by FoM on December 08, 2003 at 20:48:28 PT

BGreen
I wasn't sure if you knew that Google brings up articles that are in a comment. Try it sometime. It's really a nice way of finding extra news.
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Comment #28 posted by FoM on December 08, 2003 at 20:46:37 PT

BGreen
I thought you posted them in a good place. They are a great extention of the story on Ozzy. The reason I back away from some articles is it is too much work and would confuse people who check in to read CNews. I must stay close to what I post or I would be posting news and not have any time for myself and my husband. It also is a matter of not posting too many stories so we aren't a burden on Map who is kind enough to host CNews. I hope you understand.
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Comment #27 posted by BGreen on December 08, 2003 at 20:21:57 PT

FoM, Did you see the articles I posted
in the Ozzy Story? I'm just sick about the Kubby's, and even sicker about the fact that cannabis is expected to be 100% effective 100% of the time or else the caging won't stop, but the sham of the cannabis not being needed because of "safer and more effective" prescription drugs already on the market has got to stop before it kills us.Could you, for this reason, post these articles for everyone to see and comment on, even though they don't specifically mention cannabis?The Reverend Bud Green
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Comment #26 posted by Virgil on December 08, 2003 at 20:15:02 PT

Who will admit they are wrong?
Look how long the decision was in deliberation and every thought recycled among the judges several times. They have concluded that refugee status is to be denied. Now are they going to hear something they did not hear before that is going to make things different? Is a new group of judges going to say that the first decision was wrong?I am glad to hear about the appeal process, but I cannot help but feel that things are dark on the future of Steve Kubby's life. We will see. I will say that the decision is wrong and could easily see how a new panel would say the same thing. Now the situation reminds me of someone trapped in a coal mine collapse. It could go either way, but his life is definitely in the balance and if his life is saved, it will be an amazing rescue.
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Comment #25 posted by FoM on December 08, 2003 at 20:07:55 PT

DeVoHawk
I'm glad you are feeling better. I really mind the stress this puts on the whole Kubby family. This has to be hard on the children too. When it boils down to it that is one of the reasons we are so enraged with laws against Cannabis. The world is in a bad way. How many people would benefit if Cannabis would be legal with helping to control the anxiety that living in this world creates?
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Comment #24 posted by DeVoHawk on December 08, 2003 at 19:57:57 PT

That sick feeling is abating
I am so happy that they can appeal and will be allowed to stay in Canada. FOM, you are right about missing family, friends, and places being hard so I hope the Kubby's feel like they have a new home in Canda.
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Comment #23 posted by FoM on December 08, 2003 at 19:54:04 PT

Here's a Little More Info.
Kubby, 57, said he will appeal to the Federal Court of Canada for a judicial review of the case and may hire a lawyer to represent him as he carries on his fight. The family would otherwise have to leave Canada within 30 days. Refugee Who Smokes Pot Loses Bid To Stay in Canada: http://www.cannabisnews.com/news/thread17938.shtml
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Comment #22 posted by DeVoHawk on December 08, 2003 at 19:48:21 PT

Noon Pacific - Live POT-TV
Pot-tv.net will have a live broadcast from the Kubby's at noon (Pacific) on Tuesday December 8.http://www.pottv.net/
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Comment #21 posted by DeVoHawk on December 08, 2003 at 19:46:08 PT

Appeal - Richard Cowan
I'm watching Richard Cowan on POT-TV and he said that the Kubby's could start an appeal process. The Kubby's will not be kicked out anytime soon Richard stated.Richard Cowans POT-TV Kubby update.
http://www.pot-tv.net/archive/shows/pottvshowse-2342.html
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Comment #20 posted by FoM on December 08, 2003 at 19:44:43 PT

DeVoHawk
I don't know how they would come back. Would they be arrested as soon as they entered the states? I just don't know. They might not even have anywhere to live either.
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Comment #19 posted by DeVoHawk on December 08, 2003 at 19:40:46 PT

How do they come back?
Are they suppose to fly into LAX and just get arrested at the gate? Where does the Canadian Supreme court think he will get his medical marijuana should he escape jail? The road is long.
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Comment #18 posted by FoM on December 08, 2003 at 19:22:42 PT

DeVoHawk
That is good to know. I wonder if they are home sick? I wonder if they don't want to come back to the U.S. I know that I would be very homesick but I'm that way. I think Canada would be very nice to visit but my life has been here and I would miss my family and long time friends.
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Comment #17 posted by DeVoHawk on December 08, 2003 at 19:11:04 PT

Kubby was State Charges
http://www.mapinc.org/drugnews/v01/n1035/a02.html?1631I was wrong about Kubby being federal. FOM, you are right on the Target that Arnold is in a key position now to pardon the Kubby's.
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Comment #16 posted by Virgil on December 08, 2003 at 18:20:21 PT

There is a feeling of Rainbow Farms about this
The events of Rainbow Farms had the most profound effect on me of anything that happened to someone else. I guess it was on a Friday we learned of Rainbow Farms and when the plane was shot at and drew in the FBI, it lead to a search everywhere for news and there was very little. By the end of Saturday I knew pretty much it would end in their deaths.But here in the Kubby's we have the consumate story of a successful man, seeking to be governor to advance the cause of freedom, hoping to stay alive while burdened with a permanent cancer that will never quit. We see the state leverage the forces of malice to lock him up and kill him. It was his having to go to Canada to stay alive where he produced a mountain of testimony that made him one of a few hundred that could even game the Canadian system to be granted legal MJ and growing rights.He has a story that will not go untold. This will certainly be a movie and I would think in the near future. It would be a good move for Soros to fund such a movie. The hate and the waste displayed by the government do not help their cause of continuing the hoax of prohibition. It creates enough demonization for prohibition to kill their great hoax.You are in a situation that would apply to Tom and Rollie, although you are familiar with the players and the story. Now if I were Arnold, I would not just pardon Steve Kubby. I would employ him to work in Canada as an employee of the State of California even if it was helping to decide who needs to be let out of prison so that California's children do not pay for the mistakes/sins of the father.This is a chance for Arnold to hit a home run and show some political savy. There will be a movie. I just wonder how it ends. I was here for Rainbow Farms and I wonder if Kubby will be dead by Friday. For those of you that missed Rainbow Farms, you are about to be indoctrinated as a lifetime member into the No More Prohibition Forever Club. You may want a NMPFC button or bumpersticker.
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Comment #15 posted by Virgil on December 08, 2003 at 17:49:56 PT

I thought it was state
I am pretty sure it is state charges he faces. That is what got him out of the MJ charges and left him to be prosecuted under another prohibitionist law against mushrooms, which are legal in Canada BTW.
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Comment #14 posted by E_Johnson on December 08, 2003 at 17:47:39 PT

No it's a state case
His case is a state case, Arnold could pardon it if he were so inclined.
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Comment #13 posted by The GCW on December 08, 2003 at 17:46:48 PT

Mr. Arnold goes to Washington, but
can not be President.
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Comment #12 posted by FoM on December 08, 2003 at 17:35:03 PT

DeVoHawk
Was it Federal? That's a good question. I don't remember.
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Comment #11 posted by DeVoHawk on December 08, 2003 at 17:24:24 PT

Arnold Pardons State Cases
Arnold would not have direct control over a pardon if this is a federal cases(I thought is was). However he could put considerable pressure on Shrub and Asscraft to recognize medical marijuana, Arnold can get press anytime he wants. I don't think he will but...Medical marijuana may be Arnolds gravy train to Washington.
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Comment #10 posted by The GCW on December 08, 2003 at 16:56:50 PT

Note from MAP's archived duplicate...
Note: It is with great sadness that we at MAP read of this incomprehensible decision. Steve Kubby has been an active MAP supporter since it's early days. The fact is, without question, that if Steve Kubby is sent back to California he will most likely be jailed. When he was originally jailed in California, and again when he was jailed once in Canada, he came very close, within hours, of death. Local California officials have stated, repeatedly, that he will be denied his life saving medicine, which he now grows with the approval of Health Canada, when he is jailed.
Note: The case is on line at http://www.irb.gc.ca/en/decisions/kubby/va2_01374_e.htm and the actual DETERMINATION at http://www.irb.gc.ca/en/decisions/kubby/va2_01374_e.htm#determination
Bookmark: http://www.mapinc.org/kubby.htm (Kubby, Steve) http://www.mapinc.org/drugnews/v03/n1891/a01.html?397
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Comment #9 posted by The GCW on December 08, 2003 at 16:51:07 PT

A President Kucinich will end this in the future.
& In case You haven't heard: Kucinich put in writing that as president He will:
"decriminalize marijuana" -"in favor of a drug policy that sets reasonable boundaries for marijuana use by establishing guidelines similar to those already in place for alcohol."
http://cannabisnews.com/news/thread17917.shtml And that is an interesting scenario: Arnold to pardon Kubby...I do hope Kubby has back up plans and I also hope for back fire, blow back and brimstone.

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Comment #8 posted by FoM on December 08, 2003 at 16:39:25 PT

Bless Your Heart Virgil
You made me think of this! Governor Arnold Schwarzenegger could pardon him! Couldn't he?
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Comment #7 posted by Virgil on December 08, 2003 at 16:35:12 PT

Test by trial. It is all midieval.
What did they do in the Middle Ages to test innocence- tie a stone to them to see if they would float. Are we to see if Canada is correct by watching Steve Kubby die. What do they do then, agree he should have refuge status?Reason did not produce this result or Canadian law. Here we see the USG dictating the result and telling all of Canada that that is how it is.How can anyone not believe he will die if he cannot escape to another country and we know that the PTB will not allow that. I would think there will be a large funeral. I wonder if Jack Herer will speak. Will Arnold adopt a policy of silence?
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Comment #6 posted by FoM on December 08, 2003 at 16:10:23 PT

Kubby's Spirit
I don't know if The Kubby's know how much we care for them. They have always made me feel so proud to be apart of this community. We won't forsake them.
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Comment #5 posted by Nuevo Mexican on December 08, 2003 at 16:06:37 PT

They should move to San Fran, w/Green Mayor
asylum seeking cannabis patients should be able to find sanctuary from the Feds, with any church providing safety.And when the Jack Boots from bushland try and make an arrest, thousands of sancturaians, cannabians, canadians,libertarians, Kucitizens, and Ameri-cans and San Franciscans will lay their bodies on the line for Steve.Demanding major media coverage that is long overdue, with Ed Rosenthal and jurors on hand to speak to the media.Back-fire!The dark is always before the dawn, and this seems to be the darkest hour, so don't lose hope, or give way to fear, that is their only trump card. And it has been overused, worn-out, exposed. Steve will prevail. Period.We here at C-News will not let Steve die at the hands of Ashcroft, Walters, bush/cheney and Nixons evil legacy!See how surreal the times we live in really are:http://www2.warnerbros.com/madmagazine/files/onthestands/ots
_437/6.htmlThe race card is on the table. Now it's time to see if the Cincinnati Police Department can trump it. (not if, but how will they, just following standard procedure.http://www.thespectrum.com/news/stories/20031206/opinion/777171.htmlAnti-War Parents of American Soldiers Brave Hostility at Home to See the Real Story in Iraq http://www.commondreams.org/headlines03/1208-04.htmMore leadership from Kucinich: Turn Iraq governance over to U.N.http://www.newsday.com/news/local/wire/ny-bc-ny--kucinich1207dec07,0,3234449.story?coll=ny-ap-regional-wireStory and activities planted to create fear, ineptness abounds, preventing anything from 'really' happening:Anti-Terrorism Training Facility Opens With A Banghttp://news.tbo.com/news/MGA5J2PZYND.htmlThe world is waking up from 911 hypnosis:Indonesia Says U.S. Policy in Iraq Becoming Debacle

http://www.commondreams.org/headlines03/1208-09.htm
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Comment #4 posted by E_Johnson on December 08, 2003 at 15:43:53 PT

They must be frightened
I hope everything works out.How is his health now? Does anyone know?
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Comment #3 posted by Shishaldin on December 08, 2003 at 15:22:02 PT

So wrong...
Damn! What can they do now? Go to the Netherlands?This breaks my heart...
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