HEARING FOCUS OF WAR ON DRUGS

An American citizen and his family have made refugee claims in Canada
saying his inability to smoke pot to alleviate medical symptoms amount to
political persecution.

The claimant, Steve Kubby, and the Immigration and Refugee Board (IRB) have
accepted an application by Langley-Abbotsford (Canadian Alliance) MP Randy
White for the hearing to be open to the public.

"I think all hearings should be open to the public, just like the courts,
but I believe this case, which will be precedent-setting, needs to be
addressed publicly," White said.

However, Kubby told the Abbotsford News this week that the MP has done his
case a favour by being heard in public and that White himself is
"irrelevant" to the hearings.

And a Fraser Valley marijuana advocate said this week an "underground
railroad" is operating in the Fraser Valley to bring people such as Kubby
to Canada.

The 56-year-old Kubby, a former Californian who once ran for governor, will
be making his case tomorrow before the IRB in Vancouver. He said eight days
have been set aside for the hearings.

Kubby, who moved to B.C. in 2000 after being convicted in the U.S. on two
counts of possession of a narcotic, says he smokes marijuana regularly to
ease symptoms of adrenal cancer.

He also claims the federal U.S. government position on denying him his
medicinal marijuana amounts to persecution and cruel and unusual punishment.

Last summer, Kubby received a medical exemption from the Canadian
government, which allows him to grow, use and possess marijuana.

"There is no such thing as an American refugee to Canada," White told the
Abbotsford News.

"Here's a guy who's onto a soapbox -- he's no stranger to trying to make a
name for himself, and he's on the front-end of a very large lobby."

Added White: "The problem I have -- he's using Canada's border as a safe
place to fight U.S. laws. He's jumping legitimate refugees from places like
Afghanistan and Cambodia.

"I fully intend to pursue this," White said.

"This a flagrant abuse of our refugee system. Will heroin users head north
as well, with the Canadian government setting up safe injection sites?

"This is exactly like the draft dodgers from the Vietnam War, except this
group is running from the American war on drugs."

But Norm Siefken, a member of the Marijuana Party of Canada and a local
health care worker, countered that White is "totally out of touch with
reality," and that Kubby's case is literally one of life and death.

"There are dozens if not hundreds of refugees who are already here from the
States," Siefken said.

"We should open up our borders and be a sanctuary to people who are being
persecuted."

Siefken said Kubby is a "perfect example of a valid refugee. He has letters
from top cancer specialists verifying he will die if he doesn't get
marijuana on a medical basis.

"With daily marijuana use, his tumours remain dormant. It's all 100 per
cent legitimate."

He said "dozens and dozens" of supporters from the marijuana community will
show up to support Kubby at the hearing.

As to White's Vietnam draft analogy, Siefken said: "There's a lot of people
who didn't want to get killed in Vietnam, and there's a lot of people who
don't want to die because of the war on drugs.

"There's a difference between running from justice and running from injustice."

He said an underground railroad is in operation -- in the Fraser Valley and
in other parts of B.C. -- to bring people such as Kubby to Canada.

"I will say there is no one involved in the underground railroad at my
residence," said Siefken.

Kubby told the Abbotsford News: "We are excited about the opportunity to
put the police state of America on trial.

"We will provide smoking gun documents that will show a criminal group of
police, prosectors and judges who are violating a number of laws by meeting
secretly on public funds, to invalidate an initiative written and passed by
the people."

He referred to a 1990s California vote that approved medial marijuana use.

"Randy White is completely irrelevant to the hearings," Kubby said.

However, White said that U.S. President George Bush's drug policies are "on
trial here, and this case will determine which side our Canadian government
is on.

"It will take one decision at an immigration hearing to ensure Canada
becomes the drug sanctuary for anyone who is facing drug charges around the
globe."