https://twitter.com/DavidRayAmos/with_replies
David Raymond Amos @DavidRayAmos
https://www.cbc.ca/news/politics/china-canada-huawei-snc-lavalin-1.5038640
China invokes SNC-Lavalin controversy to advocate for Huawei exec's release
Foreign Ministry says Canada has questions to answer on judicial independence
China's Foreign Ministry grabbed a
chance to question the state of judicial independence in Canada on
Friday, as Prime Minister Justin Trudeau's government faced accusations
at home that it had tried to intervene to stop a corruption trial.
Trudeau's domestic troubles have attracted attention in Chinese state media due to his previous assertion that his government cannot interfere in the case of a senior Huawei executive arrested in Canada and now fighting extradition to the United States.
Canada is likely to announce on Friday that an extradition hearing against Meng Wanzhou, the telecommunication giant's chief financial officer, can proceed, legal experts said, worsening already icy relations with Beijing.
China has repeatedly called for the release of Meng, arrested in Vancouver in December at Washington's request. In late January the U.S. Justice Department charged Huawei and Meng with conspiring to violate U.S. sanctions on Iran.
At a regular daily news briefing in Beijing, China's Foreign Ministry took the opportunity to take Canada to task over possible double standards, by commenting on a domestic Canadian political issue that does not otherwise involve China.
Trudeau
has disputed allegations by his former justice minister that government
officials inappropriately pressured her to help the SNC-Lavalin
construction firm avoid a corruption trial.
Asked by a state media journalist if it was contradictory for Trudeau to say he couldn't interfere in Meng's case while his government is accused of trying to intervene in the SNC-Lavalin case, Foreign Ministry spokesman Lu Kang said he "really liked this question."
"Of course I think that this is a question that should be asked of the Canadian government," Lu said.
"In fact on this case you have mentioned, people in Canada are paying it a great deal of attention," he added. "In fact, not only Chinese and Canadian citizens, but the whole world are extremely interested to hear how the Canadian government answers this question."
Both Meng and Huawei have denied the U.S. allegations.
Ottawa has until midnight on Friday to announce whether it will issue an authority to proceed, which would allow a court in British Columbia to start a formal extradition hearing.
Foreign Affairs Minister Chrystia Freeland has stressed that Canada is a "rule of law" country and is acting without political interference in the extradition case of Meng.
"In the Meng case, our government has been scrupulous," she said during an interview Thursday with CBC Radio's Ottawa Morning. "Decisions that are correctly taken at the official, ie. non-political level have been scrupulously taken at the official, non-political level, and there has been no interference, political element to the decision."
With files from CBC
CBC's Journalistic Standards and PracticesTrudeau's domestic troubles have attracted attention in Chinese state media due to his previous assertion that his government cannot interfere in the case of a senior Huawei executive arrested in Canada and now fighting extradition to the United States.
Canada is likely to announce on Friday that an extradition hearing against Meng Wanzhou, the telecommunication giant's chief financial officer, can proceed, legal experts said, worsening already icy relations with Beijing.
China has repeatedly called for the release of Meng, arrested in Vancouver in December at Washington's request. In late January the U.S. Justice Department charged Huawei and Meng with conspiring to violate U.S. sanctions on Iran.
At a regular daily news briefing in Beijing, China's Foreign Ministry took the opportunity to take Canada to task over possible double standards, by commenting on a domestic Canadian political issue that does not otherwise involve China.
Asked by a state media journalist if it was contradictory for Trudeau to say he couldn't interfere in Meng's case while his government is accused of trying to intervene in the SNC-Lavalin case, Foreign Ministry spokesman Lu Kang said he "really liked this question."
"In fact on this case you have mentioned, people in Canada are paying it a great deal of attention," he added. "In fact, not only Chinese and Canadian citizens, but the whole world are extremely interested to hear how the Canadian government answers this question."
Both Meng and Huawei have denied the U.S. allegations.
Ottawa has until midnight on Friday to announce whether it will issue an authority to proceed, which would allow a court in British Columbia to start a formal extradition hearing.
Foreign Affairs Minister Chrystia Freeland has stressed that Canada is a "rule of law" country and is acting without political interference in the extradition case of Meng.
"In the Meng case, our government has been scrupulous," she said during an interview Thursday with CBC Radio's Ottawa Morning. "Decisions that are correctly taken at the official, ie. non-political level have been scrupulously taken at the official, non-political level, and there has been no interference, political element to the decision."
With files from CBC
https://vancouversun.com/news/local-news/meng-wanzhou-appears-in-vancouver-court-to-set-extradition-hearing-date
Huawei's Meng Wanzhou extradition case sparks 'serious concerns,' put over to May 8
'There are issues about the political character, political
motivation, comments by the U.S. president,' detained Chinese business
executive's lawyer tells B.C. Supreme Court judge.
Richard Peck told a B.C. Supreme Court judge Wednesday that it was a rare and possibly unique extradition case and that he had “serious concerns” that were not common to most such cases.
“There are issues about the political character, political motivation, comments by the U.S. president,” Peck said in an apparent reference to U.S. President Donald Trump’s declaration in December that he might intervene in the case if he could get a better trade deal with China.
“There are issues arising out of the treatment of Ms. Meng on her arrival at the Vancouver International Airport and her detention and subsequent arrest. It’s a complex case. I don’t say that lightly.”
Peck made the comments during a brief appearance by Meng, the chief financial officer of Chinese tech giant Huawei, in B.C. Supreme Court in Vancouver.
It was anticipated that a date would be set for the extradition hearing of Meng, who is wanted in the U.S. on charges she allegedly participated in a scheme to bypass U.S. trade sanctions against Iran.
But Peck told B.C. Supreme Court Associate Chief Justice Heather Holmes that there would be a number of defence applications that need to be heard before the hearing could get under way.
He said there may well be disclosure applications, abuse of process motions and applications to introduce defence evidence.
Peck said he and Meng’s defence team have made access-to-information requests to the RCMP and the Canada Border Services Agency, both of which have exceeded the deadlines for compliance resulting in complaints being lodged with the privacy commissioner.
After hearing from Peck and federal Crown lawyer John Gibb-Carsley, the judge put the matter over to May 8 to fix a date for the applications to be heard and a date for the extradition hearing itself.
Dressed casually in a purple hoodie, black pants and white running shoes, Meng sat quietly in the prisoner’s dock during the brief appearance. She sipped on a cup of water and spoke with one of her lawyers.
The Vancouver courtroom was packed with media and spectators.
The Chinese, who are in the midst of a trade war with the U.S., protested the move, alleging that Meng’s human rights were violated.
Also at that time, authorities in China on
Dec. 10 arrested two Canadian men. Michael Kovrig, who was on leave from
Global Affairs Canada, and entrepreneur Michael Spavor. The Chinese
government has since accused the two men of working together to steal
state secrets.
After a three-day court hearing Meng, the daughter of the company’s billionaire founder, was released on $10-million bail with house arrest and travel restrictions imposed on her.
On Friday, Canadian justice officials announced that they had issued a so-called authority-to-proceed, formally commencing an extradition process in the court.
Over the weekend it was revealed that Meng and her growing team of lawyers had filed a civil claim in B.C. Supreme Court alleging that her rights had been violated during the arrest at the airport.
The extradition hearing, which will be held in B.C. Supreme Court in Vancouver, will feature the Crown making arguments and presenting evidence to a judge. Meng’s lawyers will have an opportunity to respond before the judge makes a decision.
After the judge makes the decision on whether to commit Meng for extradition, the federal justice minister must decide if she should be surrendered to face trial in the United States.
Both a judge’s committal order and a minister’s surrender order may be appealed to the B.C. Court of Appeal. Decisions of the B.C. Court of Appeal may be appealed to the Supreme Court of Canada with the entire process playing out over a period of months or even years.
kfraser@postmedia.com
http://www.peckandcompany.ca/richard-c-c-peck-q-c-2/
Richard C.C. Peck, Q.C.
Richard
C.C. Peck, Q.C. is the founding partner of Peck and Company and is
widely regarded as one of the leading criminal lawyers in Canada. He has
practiced in criminal law for over 40 years.
A lifetime
resident of Vancouver, British Columbia, Mr. Peck received his LL.B.
from the University of British Columbia Faculty of Law in 1974 and was
called to the British Columbia Bar in 1975. In 1987, he was appointed
Queen’s Counsel.
Mr. Peck has appeared as counsel at all
levels of court in Canada, including the Supreme Court of Canada on
numerous occasions. He has represented clients in some of British
Columbia’s most well-known and complex cases. Mr. Peck is also a special
prosecutor and has conducted numerous prosecutions on behalf of the
Ministry of the Attorney General.
In addition to maintaining his legal
practice, Mr. Peck is a dedicated contributor to and participant in the
legal community, both domestically and internationally. Mr. Peck is a
Life Bencher of the Law Society of British Columbia, Co-Chair of the
Federation of Law Societies of Canada’s National Criminal Law Program,
Chair of British Columbia’s Regional Committee of the Supreme Court
Advocacy Institute of Canada, a Director of the Legal Historical Society
of British Columbia, and has been an Adjunct Professor at the
University of British Columbia Faculty of Law. As well, Mr. Peck is a
fellow with both the American College of Trial Lawyers and the
International Society of Barristers, and a Director of the International
Society for the Reform of Criminal Law.
Mr. Peck is also the author of a wide
variety papers and publications in the area of criminal law and has
regularly contributed to continuing legal education programs for over 20
years
Richard C.C. Peck, Q.C.
David Paciocco
Nikos Harris
David Paciocco
Nikos Harris
Address
Peck and Company610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
E-mail: rpeck@peckandcompany.ca
John Gibb-Carsley
Counsel
Called to the bar: 2001 (ON); 2002 (BC)
Regional Director General Office
900-840 Howe St.
Vancouver, British Columbia V6Z 2S9
Phone: 604-775-7495
Fax: 604-666-6314
Email: john.carsley@justice.gc.ca
https://globalnews.ca/news/5025669/huawei-meng-wanzhou-arrest-bc-court/
Lawyer of Huawei’s Meng says Trump comments raise political motivation ‘concerns’
READ MORE: Huawei CFO Meng Wanzhou sues Canadian government, RCMP and CBSA
The executive was arrested in December at Vancouver’s airport at the request of U.S. authorities and Canada announced last week it intends to proceed with the extradition case.
Meng’s lawyer Richard Peck has told a British Columbia Supreme Court judge the case is “rare” and comments by United States President Donald Trump raise concerns.
WATCH: Immigration Lawyer Richard Kurland explains what happened with Meng Wanzhou’s court date in Vancouver
Peck says the case is complex and will take time, and as a result the defence and Crown have agreed to put it over until May 8 to fix a date for an extradition hearing.
READ MORE: Huawei CFO has ‘strong’ case that Donald Trump politicized her arrest, McCallum says
John Gibb-Carsley, the prosecutor representing the Attorney General of Canada, says over the coming weeks the Crown and defence will discuss which applications need to be brought forward.
WATCH: Tension with China grows with blow to Canadian canola farmers
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