Extradition case of Meng Wanzhou
On December 1, 2018, Meng Wanzhou, the board deputy chairperson and daughter of the founder of the Chinese multinational technology corporation Huawei, was detained upon arrival at Vancouver International Airport by Canada Border Services Agency (CBSA) officers for questioning, which lasted three hours.
[13][35] The Crown counsel said that the case against Meng stemmed from a 2013 Reuters report about the company's close ties to Hong Kong-based Skycom Tech, which attempted to sell U.S. equipment to Iran, despite U.S. and European Union bans.
Her legal team claimed the Canadian government is withholding key evidence relevant to how and why Meng was arrested at Vancouver International Airport, which may have been in violation of her constitutional rights at the outset of an American extradition process.
During the session, Meng's defence argued "her case should be tossed anyway because: her arrest was an abuse of process; the fraud charge she is facing in the United States is for a crime that doesn't exist in Canada; and the U.S. government's extradition request represents an 'abuse of power.
'"[58] Defence lawyer Scott Fenton described U.S. President Donald Trump's comments suggesting Meng could be part of a trade deal with China as "intimidating and corrosive of the rule of law.
[59] In August 2021, Associate Chief Justice Holmes at an extradition hearing, asked whether it was reasonable for HSBC, a large bank with risk committees to rely on a single individual's assurance about companies that are not under its control.
[63] The Crown prosecutors described the defence's argument of a conspiracy and unlawful detention as a "fishing" expedition, and that the CBSA was only going through proper processing of Meng's entry into Canada, which was not a foregone conclusion.
Crown lawyer Diba Majzub notes that even if a traveller were deemed inadmissible, the RCMP could still execute an arrest on the person while in detention or released with conditions pending a hearing.
The email sent from CBSA agent Nicole Goodman to Crown prosecutor John Gibb-Carsley, says:I became aware the passcodes for the phone were provided in error to the RCMP at the time of the transfer of Ms Meng and her belongings.
[75] Crown lawyer Robert Frater filed an application to remove a report, written by a technology expert, from the abuse of process proceedings expected to begin in March 2021.
[80] Associate Chief Justice Heather Holmes granted the defence's request for the release of more documents, citing "notable gaps" in the evidence provided by the attorney general, which was "strategic in its character yet impoverished in its substance."
[90] He denied that the error was only discovered after inquiries were made in January, but acknowledged that he did not add his mistaken sharing of the passcodes when he wrote a new statutory declaration on December 20, correcting some of the time codes he had provided earlier as part of his notes.
An internal CBSA email from June 28, 2018, which does not mention McRae, determined that Meng was a permanent resident since her surrender of PR status in 2002 occurred under redundant rules, and was therefore not legally valid.
The defence accused Dhillon of falsifying his report, pointing out that he did not ask Meng about controversies surrounding other countries on the Wikipedia page such as North Korea, Venezuela and Syria.
[105] Ben Chang, a retired RCMP staff sergeant involved in email conversations with Sherri Onks, the legal attaché in Vancouver for the FBI, refused to testify at Meng's extradition hearing after seeking council from a lawyer.
According to Goodman, she wanted to create a summary of events and "lessons learned" in the agency's role in the arrest, but CBSA's then-director general for the Pacific Region, Roslyn MacVicar, warned her not to.
[141] Global Affairs Canada official David Hartman and CSIS officer Michel Guay both filed affidavits arguing that Meng's lawyers should not get access to the unredacted documents.
[14] The defence accused CBSA officer Scott Kirkland of completely fabricating his testimony in October 2020, when he said the passcodes to Meng's electronic devices accidentally ended up in RCMP possession.
The defence accused the border agents of violations including the seizure of Meng's electronic devices, compelling her to turn over their passcodes, and questioning her about Huawei's activities in relation to US fraud charges against her.
[158][159] In December 2020, the Wall Street Journal reported, relying on unnamed sources, that the United States Department of Justice was talking to Meng's representatives about a possible deferred prosecution deal, where she will be set free if she admits to criminal wrongdoing.
[166][167] Canadian Prime Minister Justin Trudeau said that the federal government was aware of the intended arrest, but had no involvement in the process due to the judicial independence of the Public Prosecution Service of Canada.
[169] Canada's Minister of Foreign Affairs, Chrystia Freeland, rejected China's demand that the Canadian Government should block the extradition, despite China's decision to block imports of Canadian canola seed (an important foreign export revenue earner), and warned Beijing that "It would be a very dangerous precedent indeed for Canada to alter its behavior when it comes to honouring an extradition treaty in response to external pressure."
[175] Following the ruling by the BC Supreme Court, the new Minister of Foreign Affairs, François-Philippe Champagne, stated the government will respect the independence of the judiciary's decision in ordering the extradition to proceed.
Prime Minister Trudeau rejected the call saying, "We will continue to remain steadfast and strong and say very clearly in our actions and in our words that randomly arresting Canadians doesn't give you leverage over the government of Canada anywhere in the world.
[180] On 15 July 2020, the Green Party of Canada's foreign affairs critic, Paul Manly, argued that U.S. President Donald Trump's comments made clear that Meng's case is political in nature.
[183] NDP and Green Party MPs Paul Manly and Niki Ashton spoke in an online panel discussion on 24 November 2020, in favour of releasing Meng in exchange for the Michaels.
[201] Global Times editor Hu Xijin denounced Canada's 2018 arrest of Meng Wanzhou and stated, "I want to tell America that while you cannot beat Huawei in the market, do not use despicable means and play dirty.
[216] Former national security adviser to President Donald Trump, John Bolton, said Meng's case is not politically motivated at all and that he would be happy to testify under oath in Canadian court.
"[224] Former Liberal attorney general and justice minister, Anne McLellan, supported Trudeau's position not to release Meng in exchange for the Michaels due to the dangerous precedent that would set for other Canadians.
[180] University of British Columbia political science & international law professor Michael Byers said that it was clear to him the CBSA was asking Meng questions during the three-hour examination based on discussions with American authorities, although he added that "That's not necessarily improper.
