FOR IMMEDIATE RELEASE:
May 18, 2002

CONTACT:
Steve Kubby -- 604-885-7651
Alex Stojicevic -- 604 662-8200

CANADIAN COURT RULES KUBBY NOT A FUGITIVE

VANCOUVER -- Former gubernatorial candidate Steve Kubby was cleared on Friday of any violations of Canadian Immigration law. Canadian Federal Court Adjudicator D. Shaw Dyck found that Kubby had entered Canada legally. Adjudicator Dyck also ruled that because of alleged political persecution in the United States, Kubby was eligible to apply for Canadian citizenship as a U.N. Convention political refugee.

The refugee appeal process is expected to take at least a year and could take a lot longer, as has been the case with Renee Boje, who has been waiting several years for a final decision on her political refugee status.

Adjudicator Dyke also ruled that since Kubby was not a fugitive, he no longer has to report weekly to Immigration and can now report monthly instead.

Dyke noted that possession of peyote is legal under Canadian law, so Kubby's U.S. conviction for peyote possession has no legal standing in Canada. The adjudicator also noted Kubby "has been completely honest and up front with
Canadian Immigration and in view of his public statements and permission from the Placer court to move to Canada, is hardly a fugitive."

Dyck noted that possession of live mushrooms is legal and only the dried form is illegal, in Canada. She also acknowledged that possession of a small amount of dried mushroom would probably not be prosecuted in Canada. However, since Kubby was convicted in the U.S. of something that was technically illegal in Canada, she was required to declare Kubby inadmissible until the sentence for the mushroom stem had been served.

The prosecution for the Canadian Immigration Service then argued that Kubby should be immediately deported to face his U.S. sentence of 120 days. He argued that Placer Judge John Cosgrove had gone out of his way to be compassionate to Kubby, even providing written orders that Kubby be allowed to be protected by the Compassionate Use Act while under house arrest and probation.

Kubby's immigration attorney, Alex Stojicevic, responded that although the US court recognized Kubby's right to possess and use medical marijuana, local and federal law enforcement blocked any access to it. Stojicevic argued that Kubby was not allowed to grow any of his own medical marijuana forcing him and others to buy and transport the medicine to his home. Since
the courts have ruled that transportation is not covered under the Compassionate Use Act, Kubby was physically and legally unable to comply
with his sentence.

Stojicevic also explained to the Canadian judge that there was ample scientific and medical evidence to show that Kubby would die if denied his medical marijuana for more than a few days -- "so despite the trivial nature of his conviction, he faces death if he returns to the U.S."

"Mr. Kubby is a member of a particular social group or political opinion who are being persecuted in the United States. As such he is entitled to apply as a political refugee under the UN Convention, which is recognized by Canada." said Stojicevic.

Adjudicator Dyck then ruled that Kubby met the qualifications and was qualified to apply along with his family for Canadian citizenship.

Kubby joins three other Americans who have officially applied for political refugee status in Canada: Ken Hayes, Steve Tuck and Renee Boje.

"Once again my husband was jailed and nearly killed over charges that proved groundless. A Canadian court has confirmed that Steve is not a fugitive and I think the Canadian police and courts now recognize that they were lied to by Placer County officials," said Michele Kubby.