CANCER VICTIM, WIFE MAKE LAST-DITCH BID TO AVOID DEPORTATION

VANCOUVER (CanWest News Service) - Michele Kubby made a last-ditch
appeal yesterday to stay in Canada.

She and her husband, Steve Kubby, medical marijuana advocates from
California, are facing deportation after exhausting all previous
avenues of appeal.

Mrs. Kubby appeared in Federal Court yesterday to argue on behalf of
her husband, who she said was too ill to attend court.

Mrs. Kubby said they deserve a stay on their immigration removal
order because her husband, who suffers from a rare form of cancer and
has a medical certificate to use marijuana for treatment, faces
possible death in jail if returned to the United States. It is an
argument they have made previously in immigration and court hearings
to no avail.

Keith Reimer, a lawyer for Citizenship and Immigration Canada, told
Federal Court Judge Yvon Pinard there was nothing new in Mrs. Kubby's
arguments.

Steve Kubby came to Canada in 2001 after drug charges were laid
against him. He was later convicted in California for possession of
mescaline and psilocin.

In 2002, immigration authorities issued the removal order on
criminality grounds against Mr. Kubby, who filed a refugee claim that
failed. A pre-removal risk assessment recently conducted found there
was no risk to Mr. Kubby if he was returned to the United States.

Judge Pinard told Mrs. Kubby he may not be able to issue a ruling
before Jan. 12 -- the day set for the family's removal, but that
authorities would not act until his judgment is released.