Michele Kubby To Appeal BC Court Ruling

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FOR IMMEDIATE RELEASE
Friday, March 4, 2005

CONTACT:
Michele Kubby, Plaintiff, (250) 578-8422
Maria Molloy, Crown Council (604) 775-7499

VANCOUVER -- Michele Kubby met today with the BC Appeals Court officials to prepare an appeal of yesterday's decision by the BC Supreme Court. Mrs. Kubby said she is determined to force the court to address the issue of whether or not the laws against pot have fallen.

Mrs. Kubby expressed her alarm over what she sees as a breakdown in law and order, "The rule of law has been abandoned in a misguided effort to protect Canada's unconstitutional cannabis laws. As a result, thousands of Canadians are being arrested and sent to prison for a law that no longer exists. Even worse, sick people are being threatened from access to their medicine of choice. That's as close to anarchy as I can imagine and it is very disappointing that the Supreme Court refused to rule on such an important issue."

Ed Pearson, who serves as Mrs. Kubby's legal advisor explained his view of the decision, "Parker was used only to establish that there was a suspension and that was improper and secondly that the supposed suspension expired and naturally then the MMAR did not and do not exist either before or after Lederman's judgment in Hitzig. Hitzig was mentioned only to rebut any Hitzig argument by the Crown."

"It was not necessary for Michele to show by evidence that her rights were violated or infringed it is only necessary to establish the potential for deprivation of liberty if she does not obtain an exemption, a potential deprivation of liberty." Since Mrs. Kubby specifically raised this point with the judge, they believe the judge clearly made an error.

"The Charter violation is clear when you consider that the Government wants someone to apply for an exemption in accordance with a regulation or regulations that do not exist.. Thus establishing by law that in fact the MMAR does not in law exist is the only evidence that the Court needed.

"Whether she was sick and needed the medication or has tried all other avenues is immaterial as they are all part of the non existant MMAR under which the Government is forcing her to act under or go to prison if found in possession or using MJ this is the COERCIVE unconstitutional act that evokes Charter s. 7 and 24 (1) protection and remedy. For the Government to compell such a course of action to qualify for a charter right is itself a violation of charter rights," said Mr. Pearson.

Mrs. Kubby has 30 days to complete her filing for an appeal.

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