Deport pot 'refugee,' federal lawyer asks

Judge reserves decision in thorny case of cancer patient who is marijuana activist

By SHANNON KARI
Globe and Mail, Canada
Tuesday, January 10, 2006

VANCOUVER -- The federal government argued yesterday that Steve Kubby and his family should be deported to the United States because there is no evidence he will be denied marijuana to cope with his cancer, even if he is put in jail.

"It is completely speculative to say Mr. Kubby will not receive appropriate medical care. He needs to leave Canada," said Justice Department lawyer Keith Reimer during a Federal Court of Canada hearing in Vancouver.

"If he is incarcerated, the obligation of U.S. officials is to protect people in custody with adequate health care," Mr. Reimer said.

Douglas Hiatt, a Seattle lawyer who has represented a number of marijuana patients, said it was absurd for the Canadian government to suggest Mr. Kubby will be provided with cannabis in jail.

"My prediction is he is a dead man if he goes to the United States. They won't be able to get him out of jail fast enough," said Mr. Hiatt, who was at the hearing in Vancouver.

Judge Pinard reserved his decision and said it might not be issued before Thursday.