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Posted December 30, 2004
Analysis by Richard Cowan Sponsored by

Advanced Nutrients
(MarijuanaNews note: In
separate rulings late last year and early this year, the misnamed Refugee
Protection Division ruled against the efforts by Steve Kubby, Steve Tuck and Ken
Hayes to get the “protection of Canada.”

Now, in Canadian legal
parlance, Steve Kubby and Steve Tuck have been given “leave to appeal” the
adverse rulings by the Refugee Board that ignored both the evidence submitted
and Canadian law. More on Tuck and Hayes below.)

FOR IMMEDIATE RELEASE:
Thursday, December 30, 2003

U.S. ‘POT REFUGEE’ WINS FIRST ROUND IN FEDERAL COURT
APPEAL

VANCOUVER — Steve Kubby, the Californian medical
marijuana activist and former Libertarian Party candidate for governor who was
denied refugee status in Canada, has just won a chance to have his refugee
decision appealed before the Canadian Federal Court.  The hearing is set for
March 24, 2005 at 9:30 am in the Federal Court in Vancouver.

It is important to note that the
court only agrees to hear appeals of refugee board decisions in less than one
percent of cases. A decision would come much later in the year.

Michele Kubby, Steve’s wife and legal representative,
said the couple is using several legal strategies in an attempt to overturn the
refugee board decision.

“Three years ago, we entered Canada as NAFTA business
visitors in full compliance with all laws in Canada and the United States.
Although Steve had been sentenced to 120 days house arrest for possession of a
small amount of peyote and a mushroom stem, he was appealing his case and had
the court’s permission to move to Canada.

“Sadly, this ordeal for our family was created by the
actions of one immigration official who wrongly labeled Steve as ‘criminally
inadmissible to Canada’.  He decided that Steve should have been thrown in jail
here in Canada and deported immediately to the US.  He ordered Steve and our
family deported because Steve was convicted in California for an unusable amount
of peyote, a natural substance that is perfectly legal in Canada. In fact,
possession of peyote is an offense unknown to Canadian law and this should have
never happened,” said Mrs. Kubby.

“Unfortunately, he was not the first law enforcement
officer to break the law. This terrible injustice began when the California
police lied to get a search warrant and later had a chemist extract a
microscopic amount of mescaline from the three tiny peyote buttons found in our
guest bedroom.  So Steve’s conviction was actually for possession of mescaline,
a controlled substance, even though he only had peyote.  In Canada, such actions by the police would be considered
‘manufacturing evidence,’ and it would  not be allowed in court,” argued Ms.
Kubby.
See

Placer County: Still Crazy After All These Years. Kubby Hearings Offer New
Evidence California Law Enforcement Still Fighting Medical Cannabis Law. Special
Report to MarijuanaNews.com

“Our US lawyers are entering a Writ of Error (Corum Nobis) motion to
show that the prosecutor and arresting officer in California repeatedly
manufactured evidence to make the case against Steve look much more serious than
it really was.  We are demanding the Steve’s conviction be thrown out because it
was based on fraud and perjury by both the prosecutor and arresting officer.
See

Saving the Law from Law Enforcement. Ending the Police State Fraud. Analysis by
Richard Cowan

“When a Canadian official ordered my husband deported, Steve had no choice but
to declare himself a political refugee, because we all felt his life was at
risk.  Steve has a very rare form of cancer and leading specialists on both
sides of the border have testified, under oath, that if Steve is denied his
medically approved use of cannabis, he could die a very painful death.

“Incredibly, the refugee board ignored this expert
testimony and claimed that Steve’s life would not be in danger if he were forced
to return to the US - even if he was jailed!
See

A Critique of the Kubby Refugee Ruling: What Is It About Dead That You Don’t
Understand?

“At every step in this insane process, we’ve asked
Immigration to read the law and look at the expert medical testimony and
recognize that they made a mistake and fix it. This Federal appeal is intended
to make them obey their own laws.

In addition to the threat to Steve’s health and freedom
the Refugee Board’s mistake has subjected us to abusive public comments by
prohibitionists like BC MP Randy  White, who has lumped us with accused
terrorists as abusing Canada’s refugee program. This is a mistake which should
have been fixed a long time ago,” Mrs. Kubby concluded.



Following this press release, Steve’s CV is on Kubby.com. It may be
surprising to learn that the man Canadian Immigration has labeled as a criminal
has met with world leaders or that the US Navy trusted him to fly a military
fighter jet in top secret combat training.

CONTACT:
Michele Kubby, 250 587-8422

(MarijuanaNews note: Using a
somewhat different approach, Steve Tuck was also successful in his attempt to
appeal the Refugee Board’s ruling, but not before having his rights repeatedly
violated by Canadian narks.
See

Tuck Refugee Hearings End. The Facts Put Canada In Awkward Position. Catching A
Nark In A Lie? Imagine That! News and Analysis by Richard Cowan.

Tuck is completely out of the
cannabis world, working on a mining project near Vancouver, but that did not
stop the Canadian narks in collusion with the DEA from raiding him six times!

On one raid this summer, Steve
was forced to lie face down in a mud puddle for several hours while the narks
held an M-16 against his head. On another occasion they arrested him and held
him overnight in jail without bringing any charges. They boasted that they were
going to extradite him back to DEAland the next day, despite his refugee status.

On another raid, they sent
over 30 narks and even had a Winnebago for “command central.” These are the same
police who claim that they do not have the manpower to respond to acts of
violence.

Of course, all of this was
done with the encouragement of the DEA. That the Canadian police would violate
Canadian law in collusion with the DEA should be further evidence that medical
cannabis patients need protection. If DEAland narks will go to such lengths to
violate their rights here in Canada, how can it be safe for them to return to
the belly of the beast?
See

Sociopathic Law Enforcement, Cannabis Prohibition, and the Stockholm Syndrome.
We Must Call Lies Lies Before We Can Call Ourselves Truly Free.

Meanwhile, Ken Hayes, whose
case was substantially different from the other two, has simply taken leave, and
is no longer in Canada. (I do not know where is at the moment.)
From 2002 see

Tuck and Hayes Safe In Canada for A Year Or So. DEA Overplays Hand… Again.
Attempt to Intimidate Hayes Family Backfires, Offends Canadians. Special Report
to MarijuanaNews.com By Richard Cowan

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