[IndianaToker]

By The Canadian Press
Source: Canadian Press

Vancouver -- After losing his last legal challenge to stay in Canada, medical marijuana advocate Steve Kubby has been told to leave the country by Thursday. A Federal Court judge rejected Kubby's last appeal to stay in the country.

His wife Michele told the judge her husband would die if he had to return to California to serve out a jail sentence.

Kubby has adrenal cancer and uses marijuana to ease the symptoms.

Before Kubby came to Canada he was convicted for having a small amount of drugs and sentenced to house arrest.

Kubby and his wife now say he would have to serve his sentence in jail, and that officials at any U.S. jail wouldn't allow him to smoke his marijuana.

Kubby, a former ski magazine publisher, lost his legal bid last week to stop his deportation by Immigration Canada.

The family moved to B.C. in 2001, settling in Sun Peaks Resort after living in Sechelt. Immigration Canada ordered them out by Jan. 12, but that deadline came and went while the Federal Court judge made his decision.

While he has been ordered to leave, Kubby said he is still fighting to stay in the country through the courts.

"The immigration ministry claims that its departure orders are not subject to appeal, but we're still trying to get a court to simply grant us our due process and allow us to appeal,'' he said in a news release on Monday.

Kubby's claim for refugee status in Canada was rejected a few years ago.

If Kubby is forced to return to the U.S., he said he will head back to San Francisco and try and stay out of Placer Country, where he was to serve his sentence.

Michele Kubby and the couple's two daughters will be driving back to California.

Source: Canadian Press (Wire)
Published: Monday, January 23, 2006
Copyright: 2006 The Canadian Press
Link to article: http://cannabisnews.com/news/thread21509.shtml