Kubby Family Survives Deadline For Removal

Sent: Friday, January 13, 2006 11:03 AM
Subject: [CCC] Press Release: Kubby Family Survives Deadline For Removal

For Immediate Release:
January 13, 2006

For more info:
Michele Kubby, (250) 578-8422

KUBBY FAMILY SURVIVES DEADLINE FOR REMOVAL
But Immigration Expected to Move Quickly If Judge Rules Against
Cancer Patient.

VANCOUVER -- Immigration Canada's deadline for removal of the Kubby
family from Canada passed Thursday without a ruling from the court on
a stay requested by the Kubbys. At the hearing on Monday of this
week, Canadian Justice Yvon Pinard reserved judgment on their motion
that the Removal Order against them be stopped. As a result, the
Government of Canada is unable to remove the Kubbys, until the court
rules.

Because the removal deadline has now elapsed, a new date for
departure must be officially assigned by Border Services for their
Removal Order, but only if Justice Pinard issues a negative decision
on the stay requested by the Kubbys.

The Justice indicated in the courtroom that he had a number of cases
before him, so he wouldn't be able to get to this matter until later.
It might be a week, a month or even six months.

Michelle Kubby said, "If the judge takes a month, as he has suggested
he might, then that's effectively a temporary stay, which is what we
were seeking. We will be using this time to appeal to both the
Canadian people and the Canadian Supreme Court, if necessary.
Nonetheless, the uncertainty adds to our family's stress.

We know that if Justice Pinard rules against us, Immigration will try
to remove us as quickly as they can. After all, they took Steve Tuck
from a hospital ER with a catheter attached."

At Monday's hearings, Keith Reimer, counsel for the Immigration
Ministry claimed that Tuck, another medical marijuana refugee, had
received adequate medical care, even though two American lawyers had
provided sworn affidavits that Tuck had not even been given
antibiotics or other prescribed medications after he was jailed in
the US. (Marijuana cultivation charges against Tuck in California
were subsequently dismissed, as he had predicted they would be, so
the Crown argued that Kubby has nothing to fear if returned to the US.)

Reimer argued that Mr. Kubby had not proven that he would be arrested
if he was forcibly returned to the US, but the prosecutor in
California told the media that he would be arrested at the border and
jailed for at least 90 days, and possibly much longer.

The Crown also claimed that Mr. Kubby would be allowed to use
cannabis if he were in jail, but there is no jail or prison in the US
that allows the use of medical cannabis by inmates. (Illegal hard
drugs are generally easy to get in prison, but not by prescription.)

"What we are really fighting here is ignorance", said Steve Kubby in
a recent interview.

"The question before the court is this: 'Does Canada have the right
to remove someone who would then be denied the one medication that is
necessary for life?'

"This concept has never been established before: The human right to
be allowed access to a medicine at all times if necessary for life,
even if there is a zero tolerance policy for the medication around
the world."

For now the Kubbys must sit and wait for Justice Pinard to rule.
Michelle Kubby said, "We have to have faith that this Justice will do
the right thing. In the meantime, our focus continues to be on asking
those who are sympathetic to our situation to contact the four
Ministers: Immigration, Health, Justice, and Public Safety, each of
whom have the authority under Section 25 of the Immigration Act to
allow us to stay in Canada."

Steve Kubby said, "Living in limbo is better than dying in jail, but
we hope that the people of Canada will prevail on their leaders to
let us just live in peace and freedom."

###