Kubby Family Pleas for Public Support

For Immediate release:
January 9, 2006

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

Kubby Family Pleas for Public Support,
As Judge Delays His Decision on Whether Cancer Patient Must Be Sent
to Die in US Jail.

VANCOUVER -- Canadian Federal Judge, Yvon Pinard, has “taken under
advisement” the question as to whether to stay (stop) Immigration
Canada’s attempt to send Steve Kubby, cancer patient and medical
marijuana refugee, to die in an American jail this week. The judge
said that he might decide ‘tomorrow’ or it could be ‘weeks.’

Michele Kubby, who argued on behalf of her husband, said, “We are
glad that the judge is at least considering the issues, but my
husband is already seriously ill and the added stress of not knowing
when he may rule makes things even more difficult for Steve. We need
everyone’s help.”

Despite a statement by Placer County California prosecutor, Chris
Cattran, that Kubby would be jailed on his return to the US, and
would be sentenced to at least 120 days in jail, plus penalties for
probation violation, the Immigration Ministry’s counsel, Keith
Reimer, argued that there was no proof that Kubby would be arrested
if he is delivered to US authorities. Cattran prosecuted Kubby in
1999 after a six month surveillance of the Kubbys’ home based solely
on an anonymous letter.

Reimer also claimed that prisoners in US jails receive proper medical
care, and can sue if they don’t get it. Mrs. Kubby pointed out that
her husband needs cannabis regularly, and no US jail allows its
prisoners to have cannabis.

After the hearing, Mrs. Kubby spoke to a large group of journalists
from the Canadian media. The Kubbys’ nine year-old daughter Brooke
was also interviewed. The hearing was attended by Seattle lawyer
Douglas Hiatt, who represented another American medical marijuana
refugee, Steven Tuck, who was held for a week in Washington State
jails without being given even antibiotics. Tuck was taken from a
Vancouver ER in handcuffs last October and forcibly returned to the US.

Hiatt was not allowed to testify, but he did speak to the Canadian
media about the conditions in US jails and prisons. He emphasized
that the rights of medical marijuana prisoners are often violated,
and most prisoners do not get proper medical care.

Mrs. Kubby was distressed to find herself having to explain to the
court that her husband’s death would clearly constitute “irreparable
harm”, while the Immigration Ministry argued that not sending Kubby
to the US immediately would not be “convenient” for the Ministry.

"Considering that this was a routine request to issue a temporary
stay while the court considers our motion, I have lost all remaining
faith in the court system and can only plead with people who hear
about our situation to call, call and call again until those
Ministers who are responsible fix this legal nightmare," said Mrs.
Kubby.

"Phone calls to the Ministers of Immigration, Health, Justice and
Public Safety may be our only hope now," added Mrs. Kubby.

To find our more on how you can help the Kubby family please visit:
http://www.kubby.com

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