Advertisement 1

Live updates: Huawei's Meng Wanzhou loses key decision in extradition case

The B.C. Supreme Court released a key decision in the Meng Wanzhou extradition case on Wednesday

Article content

The B.C. Supreme Court has released a key decision in the Meng Wanzhou extradition case on Wednesday, May 27, 2020.

Vancouver Sun reporters Ian Mulgrew and Jennifer Saltman will have the latest on the case throughout the day.


Here’s the latest

Article content

11:00 a.m.: China tech giant Huawei executive Meng Wanzhou will continue to face extradition to the U.S. from Canada on fraud charges the B.C. Supreme Court ruled Wednesday.

Advertisement 2
Story continues below
Article content

Associate Chief Justice Heather Holmes rejected her argument the process should be stopped because the accusations were political at heart and did not constitute a crime in Canada — an essential element under the extradition treaty.

“On the question of law posed, I conclude that, as a matter of law, the double criminality requirement for extradition is capable of being met in this case,” Holmes wrote the 23-page decision.

“The effects of the U.S. sanctions may properly play a role in the double criminality analysis as part of the background or context against which the alleged conduct is examined.”

Holmes added that she was making no determination about the larger question of whether there is admissible evidence that would justify Meng’s committal for trial in Canada.

The ruling means Meng is not be permitted to return to China and must remain in Canada.


RELATED LINKS

Ian Mulgrew: Huawei executive Meng loses key B.C. court decision in extradition case

Five things to know about the Meng Wanzhou extradition case

Demonstrator outside B.C. Supreme Court in Vancouver.
Demonstrator outside B.C. Supreme Court in Vancouver. Photo by NICK PROCAYLO /PNG

Live from outside B.C. Supreme Court

Reporter Jennifer Saltman is stationed outside B.C. Supreme Court with the latest on demonstrators and supporters in the Meng Wanzhou case.

Advertisement 3
Story continues below
Article content
Article content
Advertisement 4
Story continues below
Article content
Advertisement 5
Story continues below
Article content
Advertisement 6
Story continues below
Article content
Advertisement 7
Story continues below
Article content
Advertisement 8
Story continues below
Article content
Advertisement 9
Story continues below
Article content
Advertisement 10
Story continues below
Article content
Advertisement 11
Story continues below
Article content
Advertisement 12
Story continues below
Article content


Huawei CFO Meng Wanzho arrives at B.C. Supreme Court on Wednesday.
Huawei CFO Meng Wanzho arrives at B.C. Supreme Court on Wednesday. Photo by NICK PROCAYLO /PNG

Here’s what’s happening today

On Wednesday, a Canadian judge will rule on a key aspect of Huawei Technologies Chief Financial Officer Meng Wanzhou’s extradition to the United States, with a favourable judgment seen as paving the way for the release of the Chinese executive after 18 months of house arrest.

British Columbia’s Superior Court Associate Chief Justice Heather Holmes will rule on the double criminality issue of the extradition case, deciding whether Meng’s alleged actions were a crime in Canada as well as the United States at the time of her arrest.

The ruling will be released at 11 a.m. Pacific time though reporters will be given the embargoed decision at 10 a.m.

Huawei chief financial officer Meng Wanzhou is pictured in this Jan. 23, 2020 file photo in Vancouver, B.C. leaving B.C. Supreme Court.
Huawei chief financial officer Meng Wanzhou is pictured in this Jan. 23, 2020 file photo in Vancouver, B.C. leaving B.C. Supreme Court. Photo by DON MACKINNON /AFP via Getty Images

Here’s what you need to know

Meng’s arrest and charge

Meng Wanzhou was arrested at Vancouver International Airport on Dec. 1, 2018 on an alleged U.S. fraud charge. Since being released on $10-million bail in December 2018, she has served house arrest in her Vancouver west side home, wearing a GPS ankle bracelet.

The allegations against Meng, who is Huawei’s chief financial officer and the daughter of company founder Ren Zhengfei, date back to 2013.

Advertisement 13
Story continues below
Article content

She is accused of making false statements to HSBC, significantly understating Huawei’s relationship with Skycom Tech Co., and putting the bank at risk of violating U.S. sanctions against Iran.

Meng and Huawei have denied all the allegations levelled against them.

The case has been winding its way through B.C. courts since then, as a judge decides whether to extradite Meng to the U.S. to appear on that charge. The U.S. wants to put Meng on trial on fraud charges after alleging she participated in a scheme to bypass U.S. trade sanctions against Iran.

Michael Kovrig and Michael Spavor

Canadians Michael Kovrig and Michael Spavor have been detained in China since December 2018 in a move that many see as arbitrary retaliation against Canada for Meng’s arrest.

Kovrig was on leave from Global Affairs Canada at the time of his arrest. China’s foreign ministry had said it had no information about Kovrig but says the organization he worked with — the International Crisis Group — was not registered in China, making its activities in the country illegal. Spavor is an entrepreneur.

Advertisement 14
Story continues below
Article content

David Mulroney, who served as Canada’s ambassador to the People’s Republic of China between 2009 and 2012, said this week if Meng is released then he expects China will eventually follow suit and release Kovrig and Spavor.

If Meng’s case instead proceeds to the next stage, Mulroney said he worries that China may choose to more actively prosecute the two Canadians on the national security charges they face.


A timeline of events in the case of Meng Wanzhou

A timeline of the Meng Wanzhou case, and rising tension between Canada and China.

2018

Aug. 22: A New York court issues a warrant for the arrest of Huawei Technologies chief financial officer Meng Wanzhou.

Dec. 1: Canadian authorities arrest Meng at Vancouver’s airport after an extradition request from the Americans. The news becomes public on Dec. 5.

Dec. 6: China demands Canada release Meng and “immediately correct the mistake” officials made in arresting her. The Chinese say they were not briefed on the reasons for Meng’s arrest. In Ottawa, Prime Minister Justin Trudeau says Meng’s case is part of an independent legal process with no outside political influence.

Advertisement 15
Story continues below
Article content

Dec. 7: Meng appears in a Vancouver court, where allegations of fraud are laid out. The U.S. alleges Meng misled American banks in a bid to get around American sanctions on Iran.

Dec. 8: Canada’s ambassador to China, John McCallum, is summoned to a meeting with China’s assistant foreign minister so the country can register complaints about Meng’s arrest.

Dec. 9: China summons the American ambassador to China to lodge similar complaints about Meng’s case and demand the U.S. rescind the order for her arrest.

Dec. 10: Chinese authorities arrest two Canadian men. Michael Kovrig, who was on leave from Global Affairs Canada, and entrepreneur Michael Spavor. Kovrig’s arrest becomes public on Dec. 11. Spavor’s becomes public on Dec. 12.

Dec. 11: Meng is released on $10 million bail. U.S. President Donald Trump tells Reuters that he would “certainly intervene” in Meng’s case “if I thought it was necessary” to help forge a trade deal with China.

Dec. 12: China’s foreign ministry says it has no information about Kovrig but says the organization he worked with — the International Crisis Group — was not registered in China, making its activities in the country illegal.

Advertisement 16
Story continues below
Article content

Dec. 13: Trump’s trade adviser, Peter Navarro, says the arrests of the two Canadians were plainly a response to Meng’s arrest. China’s foreign ministry says Kovrig and Spavor have been detained on suspicion of “endangering national security.”

Dec. 14: Canadian officials are granted consular access to Kovrig, and McCallum meets with him in Beijing.

Dec. 16: Canadian diplomats in China are granted consular access to Spavor.

Dec. 20: Indictments unsealed in the United States allege two Chinese citizens targeted companies in Canada and around the world as part of a years-long hacking campaign to steal data.

Dec. 21: Kovrig’s employer, the International Crisis Group, says he has not been given access to a lawyer while in custody. A source familiar with the conditions of Kovrig’s detention says he is questioned three times a day and kept in a room with the lights on continuously. Foreign Affairs Minister Chrystia Freeland formally demands both men be let go, calling in a statement “for their immediate release.” Similar statements come out from the United States, Britain and the European Union.

Advertisement 17
Story continues below
Article content

Dec. 24: China’s foreign ministry calls out the U.S., Britain and EU, saying the trio should be condemning Canada for Meng’s arrest.

2019

Jan. 3: At a news conference, China’s prosecutor general Zhang Jun says Kovrig and Spavor “without a doubt” violated Chinese law. He says the investigation is also following the rule of law but doesn’t provide more details about the allegations.

Jan. 7: The Prime Minister’s Office says Trump has affirmed his respect for judicial independence. In a summary of a phone call between Trump and Trudeau, the PMO indicated the leaders discussed the high-profile U.S. extradition request — though Meng was not named — and agreed on the importance of respecting the independence of judges and the rule of law.

Jan. 9: China’s envoy in Ottawa suggests Canada and its Western allies are white supremacists for calling for the release of two Canadians imprisoned last month by his country’s communist government. Ambassador Lu Shaye makes the accusation in an op-ed in the Hill Times.

Jan. 14: Trudeau says he’s very concerned to see China “acting arbitrarily” by applying the death penalty to a Canadian convicted of drug trafficking. He says Canada will do all it can to intervene on Robert Lloyd Schellenberg’s behalf when a court in Dalian in northeastern Liaoning province announced it had given Schellenberg the death penalty after reconsidering his case.

Advertisement 18
Story continues below
Article content

Jan. 15: China expresses its “strong dissatisfaction” with Trudeau over his criticism of Schellenberg’s sentence. Trudeau should “respect the rule of law, respect China’s judicial sovereignty, correct mistakes and stop making irresponsible remarks,” foreign ministry spokeswoman Hua Chunying says.

Jan. 16: The U.S. State Department says China’s death sentence against Schellenberg is “politically motivated.” A statement says U.S. Secretary of State Mike Pompeo and Freeland spoke and “expressed their concerns about the arbitrary detentions and politically motivated sentencing of Canadian nationals.”

Jan. 17: Ambassador Shaye says Canada’s arrest of Meng was an act of “backstabbing” by a friend. Lu warns of “repercussions” if Canada bars the firm from its new 5G network for security reasons, as have three of its intelligence-sharing allies.

Jan. 18: Public Safety Minister Ralph Goodale says the government’s decision on whether to ban Huawei from being used in Canada’s next generation 5G wireless network will not be influenced by threats of retaliation from China.

Advertisement 19
Story continues below
Article content

Jan. 22: China demands the U.S. drop a request that Canada extradite Meng. Foreign Ministry spokeswoman Hua Chunying said Meng’s case was out of the ordinary and Canada’s extradition treaty with the U.S. infringed on the “safety and legitimate rights and interests of Chinese citizens.”

Jan. 23: Ambassador McCallum says there are strong legal arguments Meng can make to help her avoid extradition to the United States. Speaking to Chinese reporters a day earlier in the Toronto area, McCallum listed several arguments Meng’s legal team can make in her defence.

Jan. 24: Trudeau dismisses calls to remove McCallum following his comments to Chinese reporters, saying such a change wouldn’t help the two Canadians detained by Chinese authorities get home any sooner. Later, McCallum says he “misspoke” when he suggested detained Huawei executive Meng Wanzhou had a strong case to avoid extradition to the United States.

Jan. 25: McCallum tells StarMetro Vancouver it would be “great for Canada” if the United States drops its extradition request. “We have to make sure that if the U.S. does such a deal, it also includes the release of our two people. And the U.S. is highly aware of that,” he told the Star.

Advertisement 20
Story continues below
Article content

Jan. 26: McCallum resigns as ambassador to China at Trudeau’s request.

Jan. 28: The U.S. Department of Justice formally levels criminal charges against Huawei, two subsidiaries and Meng. The charges, contained in two newly unsealed indictments, allege that Huawei misrepresented its ownership of a Hong Kong-based subsidiary to circumvent American sanctions against Iran. Furthermore, they say Huawei stole telecommunications technology, trade secrets and equipment from U.S. cellphone provider T-Mobile USA. Meng is charged with bank fraud, wire fraud and two counts of conspiracy to commit both. In a statement, Huawei denied committing any of the violations cited in the indictment.

Jan. 29: The Canadian government says it has received a formal request for the extradition of Meng, who appears in a Vancouver court to change the people who are providing her with some of the financial sureties for her release.

March 1: The Justice Department gives the formal go-ahead for the extradition case to proceed.

March 3: Meng’s defence team announces it has filed a notice of civil claim alleging “serious violations” of their client’s constitutional rights.

Advertisement 21
Story continues below
Article content

March 4: China accuses the two detained Canadians of acting together to steal state secrets. Trudeau dismissed the allegation made in Chinese state media, saying: “It is unfortunate that China continues to move forward on these arbitrary detentions.”

March 6: A lawyer for Meng tells a judge the United States bid for extradition raises serious concerns about the political motivations behind the case.

March 14: Huawei pleads not guilty in a New York court to charges accusing it of plotting to violate Iran trade sanctions. Lawyers enter the plea in federal court in Brooklyn, two weeks after Huawei pleaded not guilty to separate federal charges filed in Seattle accusing the company of stealing technology from T-Mobile.

March 22: A judge orders the RCMP to provide copies of the content on seven electronic devices owned by Meng after they were seized when she was arrested. Justice Heather Holmes of the British Columbia Supreme Court says the RCMP must make copies of data on an iPhone, an iPad, a Macbook Air, a Huawei phone, two SIM cards and a flash drive.

March 29: The federal government says it is considering subsidizing farmers hit by China’s $2-billion ban on Canadian canola imports.

Advertisement 22
Story continues below
Article content

April 29: Saskatchewan Premier Scott Moe says Ottawa needs to treat Chinese imports with the same scrutiny China is showing Canada’s canola shipments.

May 1: The federal government changes a payment program for canola farmers to help those affected by China’s decision to ban the Canadian product.

May 2: China suspends the export permits of two Canadian pork exporters, including Quebec-based Olymel LP, amid growing tensions between the two countries.

May 8: Meng’s defence team tells a judge it plans to argue that she shouldn’t be extradited to the United States because she hasn’t committed fraud under Canadian laws and her arrest was unlawful.

May 9: Canadian diplomats are joined in a Chinese courtroom by American, British, French and German colleagues to watch an appeal in Schellenberg’s case.

May 16: China formally arrests Kovrig and Spavor, bringing them closer to trial on vaguely defined state security charges. A Chinese Foreign Ministry spokesman says they have been arrested for allegedly stealing state secrets. Goodale says the federal government is “deeply concerned” about China’s decision, adding that no evidence has been produced to indicate any validity to allegations made against them.

Advertisement 23
Story continues below
Article content

May 23: China’s ambassador to Canada says the bilateral relationship is at “rock bottom” compared to any time since diplomatic ties were first established decades ago. In prepared text for a speech, Lu Shaye says he’s saddened Canada-China relations are at what he called a “freezing point.”

June 5: Lawyers for the RCMP and Canada Border Services Agency deny allegations that their officers searched Huawei executive Meng Wanzhou’s phones and electronic devices after a border official wrote down her passwords. A joint response filed in court to Meng’s civil lawsuit says a border officer asked Meng for her phone numbers and passwords in case he was required to search the devices for customs or immigration purposes. Meng’s civil lawsuit filed in B.C. Supreme Court alleges “serious violations” of her constitutional rights and accuses officers of detaining and questioning her for three hours before notifying her of her arrest.

June 24: Defence lawyers for Meng ask the foreign affairs minister to stop the extradition process against their client, saying the request made by the United States was for political purposes, not legitimate law enforcement reasons. The lawyers say in a statement they decided to deliver written submissions to Freeland following former prime minister Jean Chretien’s reported comments that withdrawing extradition proceedings would improve relations with China and win the release of two Canadians being held there.

Advertisement 24
Story continues below
Article content

Aug. 20: Court documents released ahead of Meng’s extradition hearing suggest a Canadian border official questioned her about her business before the RCMP arrested her. The nearly 1,100 pages of material released by the court were collected by Meng’s defence team.

Aug. 21: Meng’s lawyers allege Canadian officials acted as “agents” of American law enforcement while she was detained at Vancouver’s airport for three hours ahead of her arrest. In court documents, they point to handwritten notes by Canadian officers indicating Meng’s electronics were collected in anticipation of a request from the Federal Bureau of Investigation in the United States.

Sept. 4. Business consultant Dominic Barton is named as Canada’s new ambassador to China.

Sept. 23: The Crown says Canadian officials followed the law when they detained Meng and the defence has no proof to substantiate its “conspiracy theory” that she was illegally arrested. The Attorney General of Canada says in court documents that there’s no evidence to suggest that the RCMP or the FBI asked border agents to elicit information from Meng during the detainment.

Advertisement 25
Story continues below
Article content

Sept. 24: A lawyer for Meng says there was nothing “routine” about the way she was questioned by border officials before she was read her rights and informed of her arrest as Meng’s defence team asks the B.C. Supreme Court to compel the release of further documents to support its arguments ahead of her extradition hearing in January.

Oct. 1: A Crown prosecutor tells a judge Canadian border guards mistakenly gave the RCMP passcodes to electronic devices belonging to Meng when she was questioned at the Vancouver airport. The Crown says when the border agency realized it had made a mistake, it told the RCMP the codes could not be used or shared because they’d been obtained during a border examination.

Oct. 29: The federal government says Canada’s new ambassador to China has met with Michael Kovrig and Michael Spavor.

Oct. 31: In documents, Meng’s lawyers maintain there is an “air of reality” to an allegation the RCMP illegally shared details of her electronic devices with the FBI, despite new affidavits from the Mounties denying the claim.

Nov. 5. A Chinese ban on the import of Canadian pork and beef products estimated to have cost farmers almost $100 million is lifted.

Advertisement 26
Story continues below
Article content

Nov. 24: Canada’s new foreign affairs minister spends an hour in talks with his Chinese counterpart over the fate of Kovrig and Spavor. Francois-Philippe Champagne spoke with China’s Wang Yi a day earlier at a G20 meeting of foreign ministers in Japan.

Nov. 28: Lawyers for Meng say the United States is “dressing up” its complaint that she violated sanctions as a case of fraud as they ask the B.C. Supreme Court to decline her extradition. In court documents released, Meng’s legal team says the alleged misrepresentation does not amount to fraud and the transactions processed by HSBC were not illegal in Canada.

Dec. 2: Meng says she has experienced feelings of helplessness, torment and struggle since being arrested, but no longer fears the unknown. In a post on the Chinese telecom company’s website, Meng says she has passed the time on bail in one of her homes in Vancouver reading books, chatting with colleagues and painting.

Dec. 10: Justice Minister David Lametti says he is troubled that Kovrig and Spavor have been denied access to lawyers as they face trials where convictions are virtually assured. Meanwhile, Meng wins an application in the B.C. Supreme Court for more documents to be disclosed as she alleges there was an abuse of process during her arrest.

2020

Jan. 23: A lawyer for Meng argues the extradition case against her is a test of whether courts will reject foreign charges that run contrary to Canadian values as a hearing wrapped up in the B.C. Supreme Court. The hearing focused on the legal test of double criminality. Crown counsel Robert Frater says the judge does not necessarily need to consider American sanctions law for the allegations to amount to fraud in Canada.

March 13: Amid the COVID-19 pandemic, the Chinese Embassy in Canada says Kovrig has been allowed to have a telephone conversation with his father, who is very ill. The embassy says in a statement that they allowed the call for humanitarian reasons, and it also says Kovrig and fellow detainee Michael Spavor are being given better food to strengthen their immunity against the novel coronavirus.

May 27: Holmes rules against Meng on the double-criminality argument. The B.C. Supreme Court judge says the allegations against Meng could constitute a crime in Canada.

Source: The Canadian Press


MORE RELATED LINKS

Timeline shows delay between Meng Wanzhou detention and access to lawyer

Meng Wanzhou’s quiet life of luxury under house arrest in Vancouver

Judge grills Meng Wanzhou’s lawyers on double-criminality issues

Fraud is the ‘heart of the case’ for Meng Wanzhou extradition: Crown

Meng Wanzhou extradition proceeding hailed as ‘unique’ case

The curious and the characters: Outside the Meng Wanzhou extradition hearing in Vancouver


–with files from Reuters, Canadian Press and Postmedia

Article content
Comments
You must be logged in to join the discussion or read more comments.
Join the Conversation

Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.

Latest from Shopping Essentials
  1. Advertisement 2
    Story continues below
This Week in Flyers