cannabisnews.com: Refugee Who Smokes Pot Loses Bid To Stay in Canada Refugee Who Smokes Pot Loses Bid To Stay in Canada Posted by CN Staff on December 08, 2003 at 19:36:12 PT By The Canadian Press Source: Canadian Press Vancouver -- An American refugee who feared being persecuted at home for smoking pot to fight a rare form of cancer has lost his bid to stay in Canada. Steve Kubby did not have reasonable grounds to fear cruel and unusual punishment and therefore does not need protection, the Immigration and Refugee Board ruled Monday. "There are no substantial grounds to believe that his removal to the United states will subject him personally to a danger of torture," adjudicator Paulah Dauns said in her written decision. Kubby's wife Michele and their two young daughters were also denied asylum in Canada for the same reasons. 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. "We were just stunned when we saw the decision because it was just completely contrary to the testimony and the science and the evidence that we introduced," Kubby said from Sechelt, B.C., where he and his family sought asylum in May 2001. "We really think this decision is not only erroneous but a bigoted decision." Kubby, who once made an unsuccessful run for governor of California, was granted permission by Health Canada to grow and smoke pot for medical reasons in August 2002. A cancer specialist told the hearing that Kubby, who suffers from adrenal cancer, would die within four days of not smoking marijuana. Dr. Joseph Connors of the B.C. Cancer Agency said in April that Kubby has a large malignant tumour resulting from the cancer and that pot helps lower the excessive level of a chemical called catecholamine in his blood. The former Lake Tahoe, Calif., resident often toked up in a parking lot during breaks in the hearing for which he did not have a lawyer. His wife sometimes represented him. Kubby was diagnosed with cancer in 1968 and given only a few years to live. He had surgery to remove an aggressive tumour and also received chemotherapy and radiation treatment. He said his life has been prolonged because he smokes marijuana, something a friend suggested after Kubby became ill. Kubby was convicted in the United States of possessing peyote and one magic mushroom stem and found not guilty of any marijuana offences. But he said three days in jail without pot almost killed him. "I am really between a rock and a hard place," he said. "If I go back to the United States I'm facing an immediate bailiff's warrant. They'll put me in jail. They're not going to give me marijuana." California passed Proposition 215 seven years ago to allow medicinal marijuana but patients who use it are still prosecuted by the United States' federal court. "We believe that the United States has become so corrupted by the drug war that they no longer will pay attention even if the voters pass a law," Kubby said. "Under those circumstances and under my life-and-death medical necessity for cannabis my family, my friends and myself, we're not willing to take that risk anymore. "These people seem determined to want to put me in a prison cell to see if I'm really telling the truth, that I have life and death medical necessity for medical cannabis." Kubby's wife Michele said she was disappointed at the decision by "a prohibitionist." "This is my husband's life. We have no other option but to fight. And nowhere else in the world do we get the access that we do to Steve's medicine like here in Canada." Canadian Alliance party MP Randy White said Canada has spent enough time and effort to reject Kubby's refugee claim. "What makes it even worse is there are more American refugee applications pending using the same defence that we as Canadian taxpayers will have to waste money on, not to mention Kubby's expected appeal." Lois Reimer, a spokeswoman for Citizenship and Immigration, said that if the federal court rules against Kubby, he would still have the option of providing more evidence to suggest he would face persecution in the United States. Complete Title: U.S. Refugee Who Smokes Pot To Fight Rare Cancer Loses Bid To Stay in CanadaSource: Canadian Press Published: Monday, December 08, 2003Copyright: 2003 The Canadian PressRelated Articles & Web Sites:The Kubby Defense Fundhttp://www.kubby.org/The Drug War Refugeeshttp://www.freedomtoexhale.com/smk.htmGrass Not Always Greener On The Other Sidehttp://cannabisnews.com/news/thread17937.shtml'Reefer Refugee' Loses Asylum Claim in Canadahttp://cannabisnews.com/news/thread17935.shtmlPot Advocate Denied Refugee Status in Canada http://cannabisnews.com/news/thread17934.shtml Home Comment Email Register Recent Comments Help Comment #14 posted by afterburner on December 09, 2003 at 13:53:32 PT: Prohibitionist Backlash I went to bed early last night, frustrated with yet another travesty against the cannabis community: the denial of refugee status to Steve and Michelle Kubby and family. I am encouraged today that another appeal process is available to them. As for the decision -- is it any wonder?: the climate of Canada has cooled recently to a "Winter of Discontent" [ Summer's not over for Prince of Pot 19 Oct, 2003 Summer of Legalization turns into Winter of Discontent http://www.cannabisculture.com/articles/3122.html ] With MP Randy White, who somehow wormed his way onto the Parliamentary committee advising on cannabis reform, MP Dan "Traitor" McTeague, who spreads fear of mega grow-ops sucking up free electricity, and Health Minister Anne McLellan, who once again is defying the court rulings about the MMAR, leading the counter-attack, Canada is attempting once again to re-institute and maintain cannabis prohibition, contrary to the wishes of the Canadian people. (Sound familiar, US citizens?) "In early May, [Canada's next Prime Minister Paul] Martin told the media that that he supported Chretien's decriminalization plan, but also supported more law enforcement and stiffer penalties on drug offenses in general. 'I think the penalties ought to be very severe,' said Martin, 'and I think the government ought to crack down as much as possible. I think the government ought to crack down period.'" --Marijuana legal in Ontario by Reverand Damuzi and Dana Larsen, Cannabis Culture, Aug. Sept. 2003, page 28Parts 1-6 Battle for Canada by Richard Cowen http://www.pot-tv.net/archive/series/pottvseries-120-0.htmlHC screws up, pot legal again in Ontario posted by escapegoat on December 08, 2003 http://www.cannabisnews.com/news/17/thread17936.shtml#3Pot TV Press Conference: Imigration Canada Kubby Decision Has Imigration Canada Sentenced Steve Kubby to Death http://www.pot-tv.net/ram/pottvshowse2346.ram (Broadcast starts 3 minutes into stream). In a Press Conference that was broadcast live from Pot TV, Michele Kubby talks about the devastation to her family caused by Imigration Canada's decision to reject her husband Steve Kubby's aplication for refugee status based upon his medical need for marijuana. http://www.pot-tv.net/archive/shows/pottvshowse-2346.htmlego transcendence follows ego destruction, we will no longer accept living in chains, united we stand divided we fall. [ Post Comment ] Comment #13 posted by BigDawg on December 09, 2003 at 05:04:18 PT Another martyr Thankfully he has an appeal, and hopefully will be allowed to stay in Canada as it is reviewed.Otherwise, I feel he will be an unfortunate marytr for the cause. If he is returned to the US, Canada will be wearing egg on their face.Does he really have to die for the cause?Take careful note, oh Canada..... [ Post Comment ] Comment #12 posted by FoM on December 08, 2003 at 23:05:26 PT Virgil That would be great for the Kubbys. [ Post Comment ] Comment #11 posted by Virgil on December 08, 2003 at 23:03:09 PT FoM, I would say so Of course it might not be Canada because the Nazis might have to invade to save us from legalized freedom weed. [ Post Comment ] Comment #10 posted by FoM on December 08, 2003 at 22:24:21 PT Virgil Does that mean if an appeal will take years that they will be allowed to stay until then? [ Post Comment ] Comment #9 posted by Virgil on December 08, 2003 at 22:14:01 PT RC says the appeal will take years On The Battle of Canada #6 at pot-tv RC says the appeal will take years. The access regulations have let less than 600 people through when there should be a million let through, considering it is an illegal substance when it should be legal. The doctors are not complying with what is best for their patients because they are instructed not to. There is not a policy of access. There is a policy of denial.All the cannabis laws were dead for from August 1, 2001 until November 6 th or so when the Ontario Supreme Court played legislature and wrote its version of constitutional access regulations and said we now have laws again. I do not see how they can do that and the same conditions that barred access that made the MMAR unconstitutional still exist.I still do not understand how they can defend prohibition itself under Title 7 of their Charter of Rights and Freedoms and at some point the Supreme Court will have to explain prohibition as not imposing on peoples freedom or kiss it all goodbye. If I had money for lawyers I sure would not be afraid of any Canadian prohibition. There isn't one. There is a facade like on a movie set, and someone will go behind their facade and knock the braces out. There will be a poof and prohibition will be gone. Well, it is gone now, but everyone will know it is gone. [ Post Comment ] Comment #8 posted by FoM on December 08, 2003 at 22:10:31 PT Patrick I understand what you mean. I am very tired tonight. This day has been long with bad news. Tomorrow is another day. I don't know what the outcome will be but from the articles and the videos it isn't over. Steve and Michele have winning spirits. I know we all wish them the very best. [ Post Comment ] Comment #7 posted by Max Flowers on December 08, 2003 at 22:07:12 PT Torture isn't the only circumstance "There are no substantial grounds to believe that his removal to the United states will subject him personally to a danger of torture," adjudicator Paulah Dauns said in her written decision. I read the asylum policy just the other day, and the language said that anyone who will face LOSS OF FREEDOM (that's verbatim) potentailly qualifies. Well I think he demonstrated that he will lose his freedom via the repressive anti-medical-cannabis US policy if he is forced back, so why doesn't he qualify based on that? AND, why don't they see it as torture to lock a guy in a prison cell who will get sick and die without his medicine?This is sickening, I really thought (hoped) that Canada was more progressive than this. [ Post Comment ] Comment #6 posted by Patrick on December 08, 2003 at 21:56:49 PT Another sad day :( All I can say now that I am done cursing about this news is that no matter what, we have to prevent Steve from returning to the US. If and when the time comes, maybe we can form a human fence between the US and Canada preventing the Kubby's from crossing back into this sick n twisted country. [ Post Comment ] Comment #5 posted by FoM on December 08, 2003 at 21:34:35 PT Steve Kubby News Clip from The CBC http://www.cbc.ca/MRL/clips/ram-lo/milewski_potrefugee0312081.ram [ Post Comment ] Comment #4 posted by Virgil on December 08, 2003 at 21:06:20 PT RC link at pot-tv on Kubby http://www.pot-tv.net/archive/shows/pottvshowse-2342.html- This is RC on Kubby situation [ Post Comment ] Comment #3 posted by ekim on December 08, 2003 at 20:52:29 PT Hey DV how do we get the debate gowen this is from a piece in the NYTs today. so its set. CA will have paper. Arnold with all his wisdom will put forth the challenge to all that the most renewable paper made in the Great State of CA. will have the contract as the state is spending 400 mill on the machines the paper alone will make someone or some College or Trade School pretty well off. I hope Woody will bring all that he has learned from his Paper Mill up in Canada and will partner with the Uprs. the Professor from Toronto could add much to the debate that must happen with Mr. Soros and Mr. Walters on the issue of what new jobs in the Hemp industry will occur. As Romania is the largest grower and producer of Hemp goods and George Soros will be presenting the Hemp issue it is of great importance that these pages be used to gain the insight of just what is happing throughout the world and to join together for the common good of all. I would like to Thank Steve and all the brave souls that have followed there hearts, Virgil you are doen it. The faster that this debate gets going the faster that this country will start to think again of new products and ways to help each other. California last month took the lead in demanding a backup paper tally of the vote when Secretary of State Kevin Shelley ordered that by July 2006, all electronic screen voting machines must have a "voter verified paper audit trail." Since California is expected to spend about $400 million on its new machines, the big voting machine companies are scrambling to make the paper options available and workable. [ Post Comment ] Comment #2 posted by Virgil on December 08, 2003 at 20:49:00 PT Kubby's article on his condition Here is the article that Steve Kubby wrote himself concerning the research that explained why cannabis was keeping him alive- http://www.cannabisnews.com/news/thread17748.shtmlThe article that first revealed the research he wrote about is here- http://www.cannabisnews.com/news/thread17719.shtmlI put this Kubby story up at DU- http://www.democraticunderground.com/discuss/duboard.php The first response I got to saying cannabis was the only reason Kubby was alive was because of cannabis was somebody calling bullshit.I told him he was wrong, which is like slapping someone. Here we have an opportunity to spread research and truth with a big story that needs to reach the minds of Americans knowing the media is not going to say crap.The fact that Cheech Marin was his roommate in college is the hard part to believe and even that is true. [ Post Comment ] Comment #1 posted by DeVoHawk on December 08, 2003 at 19:54:36 PT MP Randy White - So much love "What makes it even worse is there are more American refugee applications pending using the same defence that we as Canadian taxpayers will have to waste money on, not to mention Kubby's expected appeal." Randy White points out once again that prohibition is a fuc**ng waste of money. [ Post Comment ] Post Comment