For Release:  Thursday, September 1, 2005

Contact: David Kanuit, Enforcement Officer – Canada Border Services 604-666-6790


In response to a complaint filed by Michele Kubby in Canadian Federal Court, Immigration Canada has said that the removal of her husband, cancer patient Steve Kubby, from Canada is “not imminent.”

This statement by Immigration Canada contradicts numerous reports in July in the Canadian and American media that Kubby had “lost his battle to stay in Canada.”

Although the Kubbys remain under a “removal order”, as they have been for the last two years, Peter Bell, a lawyer for Immigration Canada, has acknowledged in a letter to the court, that the order is currently stayed while the Kubbys file a “pre-removal risk assessment” (PRRA) application.

In the event that the PRRA is rejected, the Kubbys will then have the right to file for Leave and Judicial review and further stay of the removal order pending final resolution.

Steve Kubby, whose life depends on having large quantities of cannabis to control a rare but usually fatal form of adrenal cancer, said that he was reminded of Mark Twain’s famous line about the reports of his death being “greatly exaggerated.”

“I am fighting for my life, and we are having to wage this battle on two fronts, here in Canada and also in California. We were concerned that the Canadian government was trying to rush us out while the courts in California stall investigation of criminal malfeasance by two or more California judges,” Kubby explained.

Investigative journalist Pat McCartney, who started reporting on the Kubby case in 1999, has documented evidence that at least two California judges violated several state laws by signing orders that the People's appeal for having a tiny amount of “mescaline” was to be treated as a felony conviction appeal.

First, Kubby had been convicted of a misdemeanor and state law specifically prohibits the conversion of misdemeanors into felonies in the appeal process. It was the claim by California law enforcement that Kubby is a “felony fugitive” that would have made Kubby ineligible for entry into Canada.

Second, to make matters much worse, both of the judges in question had also recused themselves from the case for cause, and consequently were violating California law by signing such an order. There is also evidence of an ongoing conspiracy by the California courts to cover-up this illegal action.

“My life depends on my being able to stay in Canada, and prove that the government of Canada has also been the victim of a fraud by California law enforcement, prosecutors and judges.. That is why it is so important that we be allowed time to make our case,” said Kubby.

After the North Tahoe Narcotics Task Force searched the Kubby residence, California authorities charged the couple with 19 felony counts. A jury acquitted Michele Kubby of all charges and voted to acquit Steve Kubby of all marijuana charges, but convicted him of misdemeanor possession of peyote and a piece of psilocybin mushroom stem.

The Kubbys say that even the misdemeanor conviction for mescaline is a fraud, since it was extracted by police chemists from some tiny peyote cactus buttons left by a guest.  Unlike the U.S., possession of peyote is not a crime in Canada.

Steve Kubby said he had nothing but praise for Canadian Border Services.  "I was stunned when Officer Kanuit came out and held the door open, while welcoming us to Border Services.  It is tremendously gratifying that we are no longer being treated like criminals and that Canada now shares our outrage at the criminal behavior of our American judges.  We are actually looking forward to this new hearing for the pre-removal risk assessment, because it will provide us with an international forum for showing Canada and the world the shocking truth about how arrogant judges have perverted justice in America."


Evidence that clearly documents the criminal actions of several California judges in the Kubby case are available online:

--Judge Roeder's Death Warrant: http://www.kubby.com/Placer/Roeder.html
--Sworn Statement by Diane Carrol, Court Clerk: http://www.kubby.com/Placer/RoederAppealCourt.html
--Sworn Statement by Judy Boucree, Court Reporter:  http://www.kubby.com/Placer/2ndJudgeImplicated.html
--Sacramento Bee confirming the recusal of Judge Roeder:  http://www.kubby.com/000502.SacBee.html
--Auburn Journal confirming recusal of Judge Gaddis: http://www.mapinc.org/drugnews/v99.n784.a03.html
--Admonishment of Judge Roeder: http://cjp.ca.gov/PubAdmRTF/Roeder%20Pub%20Adm%2012-16-03.rtf