L. Neil Smith's
Number 251, December 14, 2003

Remember the Bill of Rights

[Letters to the editor are welcome on any and all subjects. To ensure their acceptance, please try to keep them under 500 words. Sign your letter in the text body with your name and e-mail address as you wish them to appear.]


DrugSense FOCUS Alert #282 Wed, 10 Dec 2003

Monday, upon hearing the news that Canada had denied Steve Kubby's refugee application, we wrote:

It is with great sadness that we at MAP read of this incomprehensible decision. Steve Kubby has been an active MAP supporter since it's early days. The fact is, without question, that if Steve Kubby is sent back to California he will most likely be jailed. When he was originally jailed in California, and again when he was jailed once in Canada, he came very close, within hours, of death. Local California officials have stated, repeatedly, that he will be denied his life saving medicine, which he now grows with the approval of Health Canada, when he is jailed.

Today we received the following message. As Michele Kubby asks, please write letters to the editors of the listed papers as soon as possible. Thank you!

Dear friends,

I'm very concerned that the continual harassment by government officials is killing my husband. This entire Refugee process has put Steve's health into a terrifying tailspin.

Yesterday, I was shocked to see Steve so sick that he could barely walk. When he did walk, he had great difficulty with his balance. He is suffering from extremely elevated high blood pressures. He is nauseous, has diarrhea, he's weak, shaky, has difficulty urinating from kidney damage and soaking his sheets from night sweats.

All of this is the direct result of the Refugee Protection Board Ajudicator, Pauhla Dauns' dishonest, shameful and cowardly decision. She denies that returning Steve to the States will cause him harm, but her very decision has put his life at risk.

It wasn't easy for Dr. Connors to find the time or the courage to testify on Steve's behalf, but he did it because he clearly feels, as we all do, that Steve's life is at risk. Dr. Connors explained in very graphic frightening details how my husband is a walking time bomb.

For the first time in my marriage with Steve I am truly frightened about his welfare. He's still struggling from the radiation he subjected himself to to prove that there are no other therapies but cannabis. Steve has never hurt a fly. It's always the government that accuses him of criminal behavior. This woman, Pauhla Dauns is a criminal for putting my husband's life in danger.

Steve saw by the third day of our hearings, in March, that Pauhla Dauns and the Refugee Protection Officer were dyed in the wool prohibitionists and could never provide a fair hearing. This is in the transcripts. However, when Steve officially objected and asked for a new hearing with the full Refugee Board, as is his right, Pauhla Dauns assured him that she would look solely at the facts. Now with this decision, we know that Ms. Dauns deliberately excluded key evidence and testimony or completely misrepresented testimony by Dr. Connors and Judge James Gray.

This is murder, happening before our eyes, and I need your help now. I know that with cannabis and some peace, Steve can recover, but not with this continual and criminal harassment by government officials.

I beg you, please write a letter today to any of the major newspapers that have published articles about this decision and help us expose this murder in progress. Please, I don't want my husband to become another Peter McWilliams, but that is exactly what is going to happen if we don't act together as a community to help one of our own.


Michele Kubby

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Below is a list of newspapers for which we have verified that the linked article was in print (not just posted to their website as part of their news feeds), along with the contact for sending letters to the editor:

Canada No Pot Haven, Refugee Ruling Shows
Pubdate: Tue, 09 Dec 2003
Source: Globe and Mail (Canada) Page: A14
Contact: letters@globeandmail.ca


Medical Marijuana Activist Loses Bid for Refugee Status
Pubdate: Tue, 09 Dec 2003
Source: Province, The (CN BC)
Contact: provletters@png.canwest.com


Pot User's Refugee Bid Is Rejected ,br>Pubdate: Tue, 09 Dec 2003 ,br>Source: Los Angeles Times (CA) ,br>Contact: letters@latimes.com


Canada Rejects Medical Pot Asylum
Pubdate: Tue, 09 Dec 2003
Source: Press Democrat, The (CA)
Contact: letters@pressdemo.com


Board Denies Refuge to Marijuana Smoker
Pubdate: Wed, 10 Dec 2003
Source: Olympian, The (WA)
Section: Briefs Across the Northwest
Contact: http://www.theolympian.com/forms/lettrfrm.shtml


Note: The Associated Press sent out a story today, Wednesday, so it is possible that other newspapers may print it. MAP will add the verified printed articles at this link: http://www.mapinc.org/people/Steve+Kubby

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Additional Background:

Michele has accurately characterized bias exhibited by the Refugee Protection Board Adjudicator, Pauhla Dauns. Even reporters noted it, as can be seen in the two articles at the following links:



The case is on line at

http://www.irb.gc.ca/en/decisions/kubby/va2_01374_e.htm and the and the actual Determination at


The bottom line is that there is an outstanding warrant for Steve Kubby to be returned to Placer County, California to serve his 120 day sentence. No prisoner has ever been allowed to have medical cannabis in any jail in the United States. The county has made it very clear that when they jail Mr. Kubby, he will not be the first exception.

Pauhla Dauns stated in her finding "I also find that the claimant is not a person in need of protection in that his removal to the United States would not subject him personally to a risk to his life or to a risk of cruel and unusual treatment or punishment...."

Being denied life saving medicine and allowed to die is not cruel and unusual treatment?

* * * * * * * * * * * *

ADDITIONAL INFO to help you in your letter writing efforts, Please See:

Writer's Resources http://www.mapinc.org/resource/

* * * * * * * * * * * *


Please post a copy of your letter or report your action to the sent letter list (sentlte@mapinc.org) if you are subscribed, or by E-mailing a copy directly to MGreer@mapinc.org if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts and be motivated to follow suit.

This is Very Important as it is one very effective way of gauging our impact and effectiveness.

Subscribing to the Sent LTE list (sentlte@mapinc.org) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts.

To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm

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