Pubdate: Wed, 12 Oct 2005
Source: Vancouver 24hours (CN BC)
Copyright: 2005, Canoe Inc
Contact:  http://vancouver.24hrs.ca/
Details: http://www.mapinc.org/media/3837
Author: Robyn Stubbs, 24 hours

HOSPITALIZED AMERICAN SENT BACK TO U.S. TO FACE CHARGES

Fled to Canada in 2002 after facing marijuana charges

Medicinal marijuana advocates across the U.S/Canada border were left
feeling sick after the Canada Border Services Agency took Steve Tuck
from his gurney in St. Paul's Hospital and handed him to U.S.
authorities this weekend.

Tuck, an American citizen who fled to Canada after facing state
charges in California in 2002 for using pot, was in hospital Friday
afternoon when his time in Canada ran out.

Tuck was handed over to authorities at Bellingham's Whatcom County
jail, and later transferred to the King County jail in Seattle, where
he was refused medical attention, said Seattle criminal defense
attorney Douglas Hiatt.

"This is just an outrage having this guy in jail. The idea we're now
ripping people out of the hospital to toss them in jail is crazy,"
said Hiatt, adding Tuck was taking heavy doses of morphine to help
with chronic pain from several back surgeries and needed marijuana to
combat nausea.

According to public records, Tuck fought his deportation by claiming
he would be jailed and denied marijuana in the U.S., putting his life
at risk.

Tuck's refugee status claim was denied Feb. 17, 2004, when the
Immigration and Refugee Board decided Tuck would not face personal
risk or cruel and unusual treatment or punishment if returned to the
U.S.

The CBSA, which carried out Tuck's deportation, told 24 hours the same
rules apply to everyone: when you're time is up, is doesn't matter
where you are, you're leaving Canada.

"One of the roles we play is to ensure that individuals who are not
eligible to remain in Canada are removed as soon as possible. It's
practical and it's a responsibility that we have," said Paula Shore of
CBSA.

The case is now in the hands of the U.S. Attorney's Office, which is
deciding whether to charge Tuck with a federal crime.

The U.S. Attorney's Office did not respond by 24 hours' presstime.
- ---
MAP posted-by: Matt Elrod