The Little Brown Reader

KUBBY VOWS APPEAL OF RULING DENYING REFUGEE STATUS IN CANADA

For Immediate Release
December 8, 2003

Press Conference:
Tuesday, Dec. 9th, noon, BC Marijuana Party Headquarters, 307 West Hastings,
Vancouver

Decision Online:
http://www.irb.gc.ca/en/decisions/kubby/va2_01374_e.htm

KUBBY VOWS APPEAL OF RULING DENYING REFUGEE STATUS IN CANADA

VANCOUVER -- Steve Kubby, medical marijuana patient and former Libertarian
Party candidate for governor of California, vowed to appeal a ruling by the
Refugee Protection Division today that denied him refugee status in Canada
based on his need for medical marijuana.

Kubby complained, "I cannot understand how the Refugee panel could conclude
that my life would not be at risk if I were forced to return to the US,
after the leading cancer specialist in British Columbia testified that I
would die without it."

British Columbia cancer specialist Dr. Joseph Michael Connors, an expert in
the area of adrenal cancers, called by the Immigration Ministry, examined
Kubby and testified at the hearing about his medical condition.

The ruling recognizes that, according to Dr. Connors, "Mr. Kubby's tumour
releases, in excess quantities, hormones normally found in the adrenal
gland. Excessive levels of these hormones in Mr. Kubby's blood cause a
range of separate symptomatic problems including paroxysmal headaches,
palpitations (rapid and irregular beating of the heart), hypertension
(sudden dangerous rise in blood pressure), sudden abdominal cramps and
diarrhea, chest pain, shortness of breath, nausea, sudden severe weakness
and anorexia (loss of appetite). If not controlled, Mr. Kubby's symptoms
could evolve further to the point where a myocardial infarction (heart
attack) or cerebral vascular accident (stroke) could occur."

The ruling also acknowledged that "there is evidence before the Board, that
marihuana controls the symptoms of Mr. Kubby's cancer, including
hypertension. In Dr. Connors' opinion, marihuana continues to be the best
treatment available to Mr. Kubby."

However, the ruling went on to say that "it cannot therefore be stated with
any degree of certainty, that marihuana is the reason for Mr. Kubby's
survival even though it remains the best treatment option at this time."

Health Canada has even given Mr. Kubby permission to grow one hundred and
seventeen marijuana plants, based on "medical necessity."

The ruling further acknowledged, Kubby "has received a Health Canada
exemption, which suggests he is a bona fide ill person in need of medical
marihuana. It is noteworthy that Mr. Kubby was investigated and charged
with marihuana related criminal offences in Canada. Those Canadian charges
were later stayed by the Crown, and his marihuana grow equipment was
returned to him by the RCMP after the charges were stayed. This suggests
the Government of Canada believes he has a medical necessity for marihuana."

Despite all of this, the ruling somehow concluded, "he has not established
there is a risk to his life or a risk of cruel and unusual treatment or
punishment" if Kubby is forced to return to the US.

Kubby vowed, "Apparently, I have to die in order to convince the Refugee
board, but instead I intend to fight."

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