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News (Media Awareness Project) - CN BC: U.S. Cancer Patient at Sun Peaks Heads to Court to Fight Deportation
Title:CN BC: U.S. Cancer Patient at Sun Peaks Heads to Court to Fight Deportation
Published On:2005-12-23
Source:Kamloops Daily News (CN BC)
Fetched On:2008-01-14 20:21:13
'I Have Never Broken Any Laws'

U.S. CANCER PATIENT AT SUN PEAKS HEADS TO COURT TO FIGHT DEPORTATION

An American Cancer patient who moved his family to Sun Peaks to be
able to continue to use marijuana for his condition is going to court
next month to fight deportation. Steve Kubby has an exemption from
the Canadian Government for the Marijuana Plants he grows to help him
deal with his Adrenal Cancer. He goes to federal court on January 9
in Vancouver to make his case to stay here.

Kubby, his wife Michele and their two daughters have been ordered to
leave Canada on Jan. 12. An avid pro-marijuana activist in the U.S.,
Kubby said he'll ask for a temporary stay on the deportation order.
"We're saying there are serious questions. I have an exemption. How
can someone take a Charter right away from me? I've gotten that
exemption. How can I be denied my medicine and returned to the U.S.?

Kubby claim he will be jailed in the U.S. for a charge of possession
of peyote and a piece of a magic mushroom which he says he was using
for a book illustration. While in jail, he will not be allowed to use
marijuana -- something he credits for staying alive as long as he has.

The Canadian border services Agency rejected the couple's last request
for protection to stay in Canada on Nov. 22. "We have a big picture
of a Canadian passport on our wall. We've got so many friend up here
at Sun Peaks. We're comfortable with this. One of the greatest things
about Canada is the court system", he said.

"I've never broken any laws. This is a smear against me running for
governor." Kubby ran in California in 1998 on the Libertarian Party
Slate. Two months after the vote, their Placer County home was raided
by the sheriff's department and 265 plants were seized. The couple
was arrested and spent three days in jail, during which time Kubby had
no access to marijuana -- a situation he likens to depriving a
diabetic of insulin that was life threatening for him.

While they were cleared of their pot charges under California's
Compassionate Use Act, police had also found a few peyote buttons and
a magic mushroom that Steve said he used for exhibits in a book he was
working on. In spring of 2001, the Kubby's moved to Canada. Michele
is still fighting to get him cleared in the U.S.

"We're getting a fantastic education on Canadian Law and the Charter
of Rights. Here, the Charter of Rights means something."
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