Huawei Canada Statement Regarding Meng Wanzhou Case
---------- Original message ----------
From: Scott Fenton <sfenton@fentonlaw.ca>
Date: Wed, 22 Jan 2020 21:24:43 +0000
Subject: Automatic reply: YO David Lametti RE Federal Court Rule 55
easily proves that the "Rule of Law" is a myth in Canada Methinks
lawyers working for Huawei's CFO Meng Wanzhou will talk to mow
N'esy Pas Nathalie.Drouin?
To: David Amos <david.raymond.amos333@gmail.com>
Please note that I will be out of the office working between January 6
and 24, 2020 and may not be in a position to respond to any emails or
telephone calls in a timely manner.
If the matter is administrative in nature, please contact Sharon
Tagapulot at 416-955-1611 or stagapulot@fentonlaw.ca<
If the matter is urgent, please contact Ian R. Smith at 416-955- 0367
or ismith@fentonlaw.ca<applewebdata://BCBD5FB1-59C3-4600-BEAF-68BABEEF9EF7/ismith@fentonlaw.ca>.
Yours truly,
Scott K. Fenton
---------- Original message ----------
From: "Frater, Robert" <Robert.Frater@justice.gc.ca>
Date: Wed, 22 Jan 2020 21:24:36 +0000
Subject: Automatic reply: YO David Lametti RE Federal Court Rule 55
easily proves that the "Rule of Law" is a myth in Canada Methinks
lawyers working for Huawei's CFO Meng Wanzhou will talk to mow
N'esy Pas Nathalie.Drouin?
To: David Amos <david.raymond.amos333@gmail.com>
I will be in court the week of January 20. I will respond to emails
when I am able to do so.
Huawei Canada Statement Regarding Meng Wanzhou Case
---------- Original message ----------
From: "Drouin, Nathalie (BRQ)" <Nathalie.Drouin@justice.gc.ca>
Date: Thu, 15 Aug 2019 22:41:54 +0000
Subject: Réponse automatique : Methinks Minister David Lametti should
explain Federal Court Rule 55 and the document hereto attached real
slow to your former politcal boss Justin trudeau N'esy Pas Jane
Philpott?
To: David Amos <motomaniac333@gmail.com>
Veuillez noter que je suis absente le 16 août 2019, sans accès à mes
courriels. Pour toute question qui ne peut attendre mon retour, je
vous invite à communiquer avec mon adjointe Irène Ghobril au
514-283-5687. Merci.
Please note that I am away on August 16, 2019, with no access to my
e-mails. For assistance, please contact Irène Ghobril at 514-283-5687.
Thank you.
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Thu, 15 Aug 2019 22:41:56 +0000
Subject: Automatic reply: Methinks Minister David Lametti should
explain Federal Court Rule 55 and the document hereto attached real
slow to your former politcal boss Justin trudeau N'esy Pas Jane
Philpott?
To: David Amos <motomaniac333@gmail.com>
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.com
55 In special circumstances, in a proceeding, the Court may vary a
rule or dispense with compliance with a rule.
SOR/2004-283, s. 11.
---------- Forwarded message ----------
From: Jane.Philpott@parl.gc.ca
Date: Thu, 15 Aug 2019 22:14:22 +0000
Subject: Automatic reply: Attn Minister David Lametti and Renée
Thériault, executive legal officer for the Supreme Court of Canada
Remember Me?
To: motomaniac333@gmail.com
Hello,
Thank you for your email to the Honourable Jane Philpott, Member of
Parliament for Markham-Stouffville.
This automated message is to acknowledge that we are in receipt of
your email. Due to the high volume of correspondence, there may be a
delay in processing your email. Rest assured it will be given every
consideration.
If you have not already done so, please send us your full name,
address and postal code which will enable us to assist you more
quickly.
Thank you,
Office of the Hon. Jane Philpott
Member of Parliament, Markham-Stouffville
Crown to begin arguing for Meng Wanzhou's extradition in B.C. court
Crown will argue that the essence of the case against Huawei executive is fraud
Jason Proctor · CBC News · Posted: Jan 22, 2020 3:00 AM PT
Huawei chief financial officer Meng Wanzhou arrives at B.C. Supreme
Court for her extradition hearing. The Crown will argue that Canada
should send her to the United States to stand trial for fraud. (Ben Nelms/CBC)
Lawyers for Canada's attorney general will make the case
Wednesday for Huawei chief financial officer Meng Wanzhou's extradition
to the United States.
After two days of listening to defence
arguments, the Crown will try to convince a B.C. Supreme Court judge
that the essence of the case against Meng is conduct that is considered
criminal in both the U.S. and Canada: fraud.
The 47-year-old is
accused of bank fraud in relation to an allegation that she put banks at
risk by lying about Huawei's control of a subsidiary accused of
violating U.S. sanctions against Iran.
Associate
Chief Justice Heather Holmes must decide whether those allegations can
stand up to a test of so-called "double-criminality" by determining if
Meng's conduct would be an offence on both sides of the border.
The Crown will argue that it would.
"The essence of [Meng's] conduct is fraud on a bank," the Crown said in written arguments filed ahead of this week's hearing.
"Inducing a bank to extend financial services by lying to it is criminal."
'It's all about sanctions'
Meng,
the daughter of Huawei founder Ren Zhengfei, was arrested in Vancouver
in December 2018 on a stopover from Hong Kong to Argentina, where she
planned to attend a business conference.
She was released on
$10-million bail and lives under house arrest in one of her two
multi-million dollar Vancouver mansions under the constant watch of a
team of security guards.
Huawei CFO Meng Wanzhou leaves her house to attend her extradition hearing at B.C. Supreme Court in Vancouver on Jan. 20, 2020. (Ben Nelms/CBC)
In the first two days of the hearing, Meng's lawyers argued
that the double-criminality bar could not be met because the offence she
is charged with is rooted in U.S. economic sanctions against Iran that
Canada has rejected.
As a result, the defence team claimed that
Canadian banks wouldn't risk loss by dealing with a client who lied
about their business dealings in Iran.
"It's all about sanctions," defence lawyer Richard Peck told Holmes in his opening statement.
"In
the end, we're being asked to impose on Canada an obligation to assist
the U.S. in the enforcement of its sanctions — sanctions that we have
expressly rejected."
'Deceit and risk of loss'
But the
Crown will argue that the defence is "offence matching" as opposed to
taking the "conduct-based" approach to extradition law that Canadian
courts require, which asks a judge to consider the underlying essence of
the allegation.
They say Meng's misrepresentation placed
HSBC at risk of loss and deprivation through fines, prosecution and
reputational damage.
Huawei CFO Meng Wanzhou leaves her house to attend her extradition hearing at B.C. Supreme Court in Vancouver on Jan. 20, 2020. (Ben Nelms/CBC)
And they will also argue that the defence is trying to lead Holmes down the wrong path.
"The
fact that Canada may have different sanctions against Iran than the
United States should not distract the Court from the necessary inquiry
into the essence of the conduct for double-criminality purposes," the
Crown said in its written arguments.
"Deceit and risk of loss
are the heart of the conduct. The nature of the deceit, its motivation,
and its legal consequence in the requesting state, are all matters that
do not determine the essence of the offence."
Hearing to wrap by Friday
The hearing is expected to wrap up by Friday and Holmes will likely reserve her decision.
If
the requirement for double criminality is not met, Meng would be free.
But if the Crown is successful, a hearing is scheduled for June in which
the defence will argue that her rights were violated on her arrest.
If
that hearing goes ahead, the defence will also argue that Meng is being
used as a political pawn by U.S. President Donald Trump who has said he
would intervene in her case if it would help get a better trade deal
with China.
Trump
signed an initial trade deal with China last week, with no sign that he
had heeded a suggestion from Prime Minister Justin Trudeau in December
that any pact should deal with Meng and two Canadians who were detained
in China shortly after her arrest.
Entrepreneur Michael Spavor
and former diplomat Michael Kovrig were later formally arrested and now
face accusations of spying in China, where they are incarcerated without
access to lawyers or family.
China has also cut off Canadian canola and meat imports in the past year, lifting a ban on pork and beef in November.
Jason
Proctor is a reporter in British Columbia for CBC News and has covered
the B.C. courts and mental health issues in the justice system
extensively.
John Smythe
(Let's Take Another Look at This) Man
CBC, enough with the crazy level of censorship. and how about modifying
the disabling simply because China-bots "flag" things that are true but
uncomfortable????
Maybe use the tax dollars to have a free and open forum to discuss critically important issues?????
David Raymond Amos
Reply to @John Smythe
(Let's Take Another Look at This): Good luck with your effort to create
an ethical forum with our tax funds
David Raymond Amos
Whereas Mr Prime Minister Trudeau The Younger all the lawyers claim to believe in the "the rule of law" Perhaps one of them can try to explain Rule 55 to me real slow sometime soon as I try hard to explain my concerns about it to Madame Meng and her associates ASAP
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 46(1)Footnote b of the Federal Court Act, hereby approves the annexed Federal Court Rules, 1998, made by the rules committee of the Federal Court of Canada on January 26, 1998.
Rule 55 In special circumstances, in a proceeding, the Court may vary a rule or dispense with compliance with a rule.
SOR/2004-283, s. 11
David Raymond Amos
Content disabled
Reply to @David Raymond Amos: Methinks many lawyers should have studied Federal Court File NO T-1557-15 ( Statement 83 in particular) and asked Justice Minister David Lametti why he has not responded to me about the 3 Stooges in the Federal Court of Appeal using Rule 55 against me in order to cover up their unethical conduct and the Crown's many wrongs N'esy Pas?
Keith Laughton Reply to @David Raymond Amos:
I thin that the lawyers for Ms Meng have a far greater understanding about rules associated with court hearings than you.
Especially given that they likely don't have to resort to a tortured parody of the French language in the understanding.
N'esy pas?
Regards,
David Raymond Amos Content disabled
Reply to @Keith Laughton: Methinks you should have awaited comment moderation N'esy Pas?
David Raymond Amos
Reply to @Keith Laughton: Need I holler BINGO again?
Keith Laughton Reply to @David Raymond Amos:
Only if it won't disturb your table mates.
Regards,
David Raymond Amos
Reply to @Keith Laughton: At least I am a man of my word. The deed is done Methinks you may enjoy knowing who is reading my emails after all your words are within them Its so sad too bad that you don't understand Chiac but I bet you know how to find me within Twitter N'esy Pas?
David Raymond Amos Methinks whereas I am suffering from Deja Vu I should call Meng's lawyers again N'esy Pas???
"They say that Meng would never face a similar prosecution in Canada
because "only the U.S. has sanctions laws prohibiting foreign banks
entering into U.S. dollar transactions for doing business with foreign
companies that sell commercial goods into Iran."
The argument speaks to the principle of "double criminality" at the
heart of extradition law: that a crime in the country seeking
extradition should also be considered a crime in Canada.
Besides — Meng's legal team says the lies she is accused of making
allegedly took place in Hong Kong in the presence of non-Canadian
bankers.
"Canada does not police the conduct of foreign persons in foreign lands
that have nothing to do with Canada," the statement from the lawyers
says.
Meng's lawyers refer back to Canada's 2002 decision — under then-Prime
Minister Chrétien's leadership — not to join the U.S.-led coalition
which invaded Iraq; they say Canada must occasionally depart from
American foreign policy.
"Canadian governments have had to make difficult decisions, sometimes at
odds with the foreign policy initiatives of its allies, including the
United States, in order to assert essential Canadian values of human
decency, fairness, tolerance and respect for human rights and the rule
of law," the lawyers say.
Beyond the press release from Meng's lawyers, the submissions to Lametti have not been made public.
The Department of Justice would not confirm receipt of the letter from
Meng's legal team, but said "Canada is a country that respects the rule
of law" in an emailed statement to CBC News."
VANCOUVER, Jan. 20, 2020 /CNW/ - Huawei Canada spokesperson provides the following statement regarding the Meng Wanzhou case:
"Huawei has consistently stated, as the case is before the
court, it is inappropriate for us to give specific comments on the
ongoing legal proceeding. We trust in Canada's judicial system, which will prove Ms. Meng's innocence. Huawei stands with Ms. Meng in her pursuit for justice and freedom. We hope Ms. Meng will be able to be together with her family, colleagues and friends as soon as possible."
Video Statement available here About Huawei
Huawei is a leading global provider of information and communications
technology (ICT) infrastructure and smart devices. With integrated
solutions across four key domains – telecom networks, IT, smart devices,
and cloud services – we are committed to bringing digital to every
person, home and organization for a fully connected, intelligent world.
Huawei's end-to-end portfolio of products, solutions and services are
both competitive and secure. Through open collaboration with ecosystem
partners, we create lasting value for our customers, working to empower
people, enrich home life, and inspire innovation in organizations of all
shapes and sizes.
At Huawei, innovation focuses on customer needs. We invest heavily in
basic research, concentrating on technological breakthroughs that drive
the world forward. We have more than 180,000 employees, and we operate
in more than 170 countries and regions. Founded in 1987, Huawei is a
private company fully owned by its employees.
SOURCE Huawei Canada
The Board of Directors (BOD) is the highest body responsible for
corporate strategy, operations management, and customer satisfaction.
The BOD’s mission is to lead the company forward. It exercises
decision-making authority for corporate strategy and operations
management, and ensures the protection of customer and shareholder
interests.
The main responsibilities of the BOD are to:
Develop proposals for corporate governance.
Review proposals to increase or decrease the company’s
registered capital, as well as proposals related to profit distribution
and loss recovery.
Review the company’s stock options plan and other long-term incentive plans.
Review or approve plans for entering and exiting different industry sectors, and approve the company’s strategic plan.
Approve major organizational restructuring, management system development, and business transformation.
Approve major financial policies, financial plans, and business transactions.
Approve the company’s annual budget proposal, annual operations report, and annual audit report.
Approve the appointment/removal, compensation, and long-term incentives of senior management.
Approve major HR policies and plans at the corporate level.
Approve proposals for managing major risks and crises, and manage major emergencies.
Approve the development of internal controls and operational compliance systems.
Currently, the BOD is comprised of 17 members, who were elected by
the Commission and voted in by the Shareholders’ Meeting. In March 2018,
the Commission and Shareholders’ Meeting elected a new Board of
Directors that includes the Chairman, regular members, and alternate
members. The BOD elected deputy chairs of the board and the members of
its Executive Committee. In the event that there is a vacancy in the
BOD, alternate members will take up the vacancy in a predetermined
sequence.
Current board members include:
Chairman: Mr. Liang Hua
Deputy Chairs: Mr. Guo Ping, Mr. Xu Zhijun, Mr. Hu Houkun, and Ms. Meng Wanzhou
Executive Directors: Mr. Ding Yun, Mr. Yu Chengdong, and Mr. Wang Tao
Directors: Mr. Xu Wenwei, Ms. Chen Lifang, Mr. Peng Zhongyang,
Ms. He Tingbo, Mr. Li Yingtao, Mr. Ren Zhengfei, Mr. Yao Fuhai, Mr. Tao
Jingwen, and Mr. Yan Lida
Alternate Directors include: Mr. Li Jianguo, Mr. Peng Bo, and Mr. Zhao Ming
Operations of the Board of Directors
In 2018, the BOD held ten meetings. At the meetings, the BOD reviewed
and approved matters such as the company’s medium-to-long-term
development plan, annual budget, annual audit report, corporate
governance rules and regulations, annual profit distribution, capital
increases, compliance oversight system, and cyber security.
The BOD has established the Executive Committee, which acts as the
standing executive body of the BOD. Entrusted by the BOD, the Executive
Committee examines and reflects on major issues within the company,
decides on issues authorized by the BOD, and oversees their execution.
In 2018, the Executive Committee held 12 meetings.
Members of the BOD Executive Committee include Mr. Guo Ping, Mr. Xu
Zhijun, Mr. Hu Houkun, Ms. Meng Wanzhou, Mr. Ding Yun, Mr. Yu Chengdong,
and Mr. Wang Tao.
The BOD and its Executive Committee are led by rotating chairs.
During their terms, the rotating chairs will serve as the foremost
leader of the company. Rotating chairs’ terms last six months at a time.
The rotation schedule is as follows: Mr. Xu Zhijun:
April 1, 2018 to September 30, 2018
October 1, 2019 to March 31, 2020
April 1, 2021 to September 30, 2021
October 1, 2022 to March 31, 2023 Mr. Guo Ping:
October 1, 2018 to March 31, 2019
April 1, 2020 to September 30, 2020
October 1, 2021 to March 31, 2022 Mr. Hu Houkun:
April 1, 2019 to September 30, 2019
October 1, 2020 to March 31, 2021
April 1, 2022 to September 30, 2022
By staying customer-centric and inspiring dedication, we have
sustained long-term growth through continuous improvement of our
corporate governance structure, organizations, processes, and appraisal
systems.
The Shareholders’ Meeting is the company’s authoritative body, making
decisions on making decisions on major issues such as the company's
capital increase, profit distribution, and selection of the members of
the Board of Directors/Supervisory Board.
The Board of Directors (BOD) is the highest body responsible for
corporate strategy, operations management, and customer satisfaction.
The BOD’s mission is to lead the company forward. It exercises
decision-making authority for corporate strategy and operations
management, and ensures the protection of customer and shareholder
interests.
The BOD and its Executive Committee will be led by rotating chairmen.
During their terms, the rotating chairmen will serve as the foremost
leader of the company.
The key responsibilities of the Supervisory Board include overseeing
the responsibility fulfillment of BOD members and senior management,
monitoring the company’s operational and financial status, and
supervising internal control and legal compliance.
KPMG has been Huawei's independent auditor since 2000. The
independent auditor is responsible for auditing a company's annual
financial statements. In accordance with applicable accounting standards
and audit procedures, the independent auditor expresses an opinion as
to whether the financial statements are true and fair.
To strengthen end-to-end operations management of our ICT
infrastructure business, the company set up the ICT Infrastructure
Managing Board, which is the primary owner of our business strategy,
operations management, and customer satisfaction for ICT infrastructure
business.
The Carrier BG and the Enterprise BG manage and support solution
marketing, sales, and services that target carrier customers and
enterprise/industry customers respectively. The two BGs provide
innovative, differentiated, and advanced solutions based on the business
characteristics and operational patterns of different customers while
continuously improving the company’s industry competitiveness and
customer satisfaction.
Network Products & Solutions and Cloud & AI Products
& Services are organizations that provide integrated ICT solutions
to carriers and enterprise/ industry customers. They are responsible for
product planning, development, and delivery as well as for building
product competitiveness to deliver better user experience and support
business success. The goal of Network Products & Solutions is to
build the world’s best, most intelligent, and most cost-effective
connections. The goal of Cloud & AI Products & Services is to
create Huawei’s “fertile soil” for computing and cloud services to help
build a fully connected, intelligent world.
ICT regional organizations are the company’s regional ICT
business operations centers. They are responsible for developing and
effectively leveraging regional resources and capabilities, and also for
implementing the company’s ICT business strategy in their regions. The
company has continuously optimized regional organizations and
accelerated the delegation of more authority to field offices. Command
and on-site decision making authority has gradually been delegated to
representative offices. To further improve efficiency and responsiveness
to customer needs, the company is now piloting contract approval at the
representative office level in some countries. While establishing
closer partnerships with customers and helping them achieve business
success, ICT regional organizations will develop ICT management systems,
cyber security and privacy protection management systems, internal
control systems, and compliance systems in their regions, and will
continue to support the company in achieving profitable and sustainable
growth.
To strengthen strategy and risk management and increase
decision-making efficiency for the consumer business, the company set up
the Consumer Business Managing Board, which is the primary owner of the
business strategy, operations management, and customer satisfaction for
the consumer business.
The Consumer BG focuses on serving device consumers and deals
with all aspects of the consumer domain. This BG is responsible for
business performance, risk controls, market competitiveness, and
customer satisfaction in the consumer business.
The Consumer BG’s regional organizations are responsible for
their overall business results, consumer satisfaction, and the brand
image enhancement of regional consumer business. They need to gain
insight into environmental changes and competition dynamics for the
consumer electronics industry, and develop and implement regional
consumer business plans and resource investment strategies. These
organizations are also responsible for launching products, managing
product lifecycles, planning and implementing marketing events, and
developing and managing channels, retail outlets, and services in their
regions. They also need to develop and maintain partnerships, create a
favorable business environment, and ensure operational compliance and
sustainable development of regional consumer business.
To gradually build a shared service platform to support the
development of our multiple businesses and create an anchor for
corporate policy execution, the company set up the Platform Coordination
Committee. This committee is designed to push group functions to
optimize their execution and operations, simplify cross-function
operations, and strengthen collaboration, so that group functions will
become the best service organizations available to support and promote
business operations. Group functions provide business support, services,
and oversight. They are positioned to offer accurate, timely, and
effective services to field offices and strengthen oversight while
delegating sufficient authority to them.
Release of Huawei 5G Smartphone, ICT training for Canadians, and support of Ottawa floods all in spotlight at event in Markham
TORONTO, May 7, 2019 /CNW/ - Huawei Canada
announced three new commitments to bring the next generation 5G mobile
network to Canada and support our economy and communities in which we
work. The announcements included:
By 2020, Huawei Canada will provide
Information and Communications Technology (ICT) training to over 1,000
Canadians. This new commitment will be under the Huawei Authorized
Learning Partner (HALP) program and other similar initiatives
implemented across Canada.
By late 2019, Huawei Canada will release its first 5G-ready smartphone for the Canadian market.
Beginning immediately, a donation of $100,000 will be put towards Ottawa flood relief in partnership with United Way Ottawa. Huawei employees in Ottawa also have the option of taking paid days off in order to volunteer for flood relief and cleanup efforts. Huawei Canada employs hundreds of people in Ottawa.
Eric Li, President of Huawei Canada
addressed media and partners in attendance at a product event (Digital
Transformation Forum) held at Huawei Canada's headquarters in Markham, Ontario.
He said: "We are incredibly proud and humbled by the work we have accomplished in Canada
over the last 10 years. With a team of over 1,100 employees from coast
to coast – 600 of whom are engineers – we have the best and the
brightest Canadian minds and we will continue to invest in training for
the Canadian marketplace. Canada is the home of Huawei 5G and we are
working to ensure we remain at the forefront of 5G technology and
development."
Speaking at the event about the upcoming smartphone launch, Kevin Li, President of Consumer Business Group, Huawei Canada
said: "In Q4 2019, Huawei will release a new smartphone to the Canadian
market. This smartphone will be 4G and 5G ready, making it the first
5G-ready phone released by Huawei in Canada. You can expect more such announcements from us in the coming months as we move into the 5G era." 5G technology applications were featured at the demo-day, including:
5G equipment – provides higher bandwidth for faster and better service to Canadians
Connected Drones – essential in situations that require
urgent and real-time analysis like search + rescue in disaster response
or monitoring in hard-to-reach areas
Internet of Things (IoT) Applications – Smart Agriculture – monitoring and tracking to help protect crops and optimize yields
Internet of Things (IoT) Applications – Connected Vineyard – detection of environmental changes to protect crops and stop damage
Internet of Things (IoT) Applications – Smart Tracker – multiple devices to track and monitor health signs like temperature and heartbeat
Cloud Mixed and Virtual Reality – like being at a concert or trekking a mountain, this latest VR connects to the cloud and is entirely wireless
Huawei 5G-ready smartphone – interoperable between 4G and 5G networks, ready for when 5G comes to Canada
WiFi 6 – the next generation of the Wi-Fi standard,
introducing key 5G technologies. Comparatively, Wi-Fi 6 increases
network bandwidth and the number of concurrent users by four-fold over
Wi-Fi 5, reducing the average network latency from 30 milliseconds to 20
milliseconds.
"Cyber security is very important to Huawei," said Olivera Zatezalo, Chief Security Officer, Huawei Canada.
"Every year, Huawei spends 5% of its R&D budget on cyber security.
This is a crucial company strategy and demonstrates Huawei's commitment
to expanding and refining a robust compliance system to ensure we abide
by all applicable laws and regulations in Canada.
Huawei has a clean 30-year record in cyber security globally, and we
have built – and will continue to invest in – end-to-end global cyber
security assurance systems. We have been in Canada since 2008, and have been working with Canadian government and carriers to introduce a comprehensive security review program."
"We are entering an intelligent, connected era," said Huawei Canada CTO Robert Backhouse.
"As an industry, we're at the threshold of enormous opportunity. Not
only will Canadians benefit from faster and more reliable connections,
it will also provide the bandwidth needed to create what's being called
the Internet of Things. 5G will enable the smart future; from smart
cities, autonomous vehicles, to improved rural broadband and immersive
cloud connected experiences." Ottawa floods relief and cleanup efforts"As hundreds of people affected by spring floods in Eastern Ontario look ahead to the long-term recovery that is necessary to bring their communities back to normal, we are grateful to Huawei Canada for being the first company to reach out to United Way and offer support to Ottawa and other affected communities," says Mark Taylor,
VP of Resource Development at United Way Ottawa. "This gift, and
Huawei's commitment to collaborating with us over the long term, will
help residents navigate the difficulties of recovering from a natural
disaster of this magnitude, so they feel supported every step of the
way."
For the latest information about Huawei in Canada, please visit: www.huawei.ca About Huawei Huawei is a leading global
provider of information and communications technology (ICT)
infrastructure and smart devices. With integrated solutions across four
key domains – telecom networks, IT, smart devices, and cloud services –
we are committed to bringing digital to every person, home and
organization for a fully connected, intelligent world.
Huawei's end-to-end portfolio of products, solutions and services are
both competitive and secure. Through open collaboration with ecosystem
partners, we create lasting value for our customers, working to empower
people, enrich home life, and inspire innovation in organizations of all
shapes and sizes.
At Huawei, innovation focuses on customer needs. We invest heavily in
basic research, concentrating on technological breakthroughs that drive
the world forward. We have more than 188,000 employees, and we operate
in more than 170 countries and regions. Founded in 1987, Huawei is a
private company fully owned by its employees. Huawei Canada has been in Canada since 2008 and employs over 1,100 people. Huawei Canada ranks 22nd overall amongst all corporate R&D investors in 2017.
For more information, please visit Huawei online at www.huawei.com or follow us on: http://www.linkedin.com/company/Huawei http://www.twitter.com/Huawei http://www.facebook.com/Huawei http://www.google.com/+Huawei http://www.youtube.com/Huawei
SOURCE Huawei Canada For further information: Media Contact: Alex Benac, Alex.Benac@hkstrategies.ca, 416-413-4583
Judge questions defence logic as Meng Wanzhou extradition hearing continues
Crown is expected to begin arguing in favour of Meng's extradition on Wednesday
Jason Proctor · CBC News · Posted: Jan 21, 2020 6:36 AM PT
Meng Wanzhou leaves her home in Vancouver on Monday. A court hearing
continued Tuesday in Vancouver over the U.S. request to extradite her on
fraud charges. (Jonathan Hayward/The Canadian Press)
Questions about loss, risk, fraud and the implications of
sanctions violations filled a B.C. courtroom Tuesday as lawyers for
Meng Wanzhou wrapped up their attempts to convince a judge not to
extradite the Huawei executive to the United States.
Associate
Chief Justice Heather Holmes quizzed defence lawyer Eric Gottardi about
the logic behind his argument that Meng's alleged offence wouldn't be
considered a crime in Canada.
Holmes is tasked with deciding
whether charges against the 47-year-old chief financial officer meet the
bar of so-called double criminality necessary to extradite someone from
one country to another.
Meng
is charged with fraud in relation to an allegation she put foreign
banks at risk of loss and prosecution by lying about Huawei's ownership
of a hidden subsidiary accused of violating U.S. economic sanctions
against Iran.
'It's sanction breaking'
Move that same
set of circumstances to Canada, Gottardi told Holmes, and there would be
no crime because Canadians have rejected economic sanctions.
But
Holmes didn't seem so sure, asking Gottardi whether someone could in
fact be prosecuted domestically for lying in Canada, over the phone, to
someone in another country who then lost money as a result.
Wanzhou's lawyer Eric Gottardi arrives at B.C. Supreme Court
in Vancouver where he faced questions about the Huawei executive's case
against extradition. (Ben Nelms/CBC)
The defence lawyer struggled for an answer, noting that the
imagined scenarios were adding fiction to an exercise that already
requires a judge to ponder a hypothetical scenario by transposing the
facts of a case to Canada.
"It's
difficult to respond to your question," he said at one point before
ultimately returning to the fundamental argument underlying the case at
hand.
"It's sanction breaking. It's in inducing a U.S. bank to
breach domestic laws. That's what the Americans are upset about. That's
what underlies these offences."
The 'essence' of the allegations
Meng
was arrested at Vancouver International Airport on Dec. 1, 2018 on a
stopover from Hong Kong to a conference in Argentina. She faces charges
of bank fraud in the United States.
She has been living under
house arrest in a multimillion-dollar Vancouver home since last
December, when she was released on $10 million bail pending the outcome
of the extradition battle.
Wanzhou displays her GPS ankle monitoring bracelet as she arrives at B.C. Supreme Court in Vancouver. (Ben Nelms/CBC)
Meng's case has already
fractured Canada-China relations, after Beijing detained two Canadians
and restricted imports in moves widely seen as retaliation for
Meng's arrest.
The Crown is expected to begin its arguments on
Wednesday, asking Holmes to consider the "essence" of the allegations
against Meng as the judge ponders the question of double criminality.
In
written arguments filed in advance of the hearing, prosecutors say that
a fraud charge against Meng could be made on either side of the border,
because she allegedly made a misrepresentation to HSBC, which risked
loss as a result.
The Crown's arguments also touch on the
questions that Holmes put to Gottardi — suggesting that she could still
think about the impact of U.S. sanctions without having to consider
Canada's position on Iran.
HSBC could have been subject to
millions of dollars in fines because of a deferred prosecution agreement
with the United States in relation to sanctions violations against
other countries.
"The sanctions context is useful only to aid in
identifying the resulting harm flowing from [Meng's] alleged lie," the
Crown wrote in a filing in advance of the hearing.
'Our government supports it'
Defence
lawyer Scott Fenton concluded the defence's case by arguing —
essentially — that the case for fraud couldn't be made because all the
fraud involved stemmed from sanctions violations.
He said that
all the potential losses in the case come from "legal" risk of fines or
prosecution for offences that don't exist in Canada.
Fenton also
noted that if banks are "innocent dupes" of a misrepresentation then
they would have done nothing wrong, and if they haven't done their due
diligence, they would be at fault — not just Meng.
The lawyer also rejected the notion a Canadian bank could risk its reputation by financing a sanctions-breaking client.
"There
is nothing wrong with a company in Canada transacting in dollars in
Iran. In fact, our government supports it. Promotes it," Fenton said.
"There
can't be reputational harm to a Canadian branch of a bank for doing the
very things that our government has said are not only entirely lawful
but encourages them to do."
If the judge decides the legal test
of double criminality has not been met, Meng will be free to leave
Canada, though she'll still have to stay out of the United States to
avoid the charges.
Jason
Proctor is a reporter in British Columbia for CBC News and has covered
the B.C. courts and mental health issues in the justice system
extensively.
The strange tale of the paid protesters supporting Meng Wanzhou at her extradition hearing
Woman says she was paid $150 to hold sign, another thought she was hired as a movie extra
Karin Larsen · CBC News · Posted: Jan 21, 2020 4:27 PM PT
Demonstrators outside B.C. Supreme Court on Day 1 of Meng Wanzhou's
extradition hearing Monday. Actor Julia Hackstaff, far right, says she
was told she was appearing as an extra in a movie shoot. (Georgie Smyth/CBC)
Two people who demonstrated in support of Meng Wanzhou outside
B.C. Supreme Court during her extradition hearing say they were
unwittingly recruited under false pretences and paid to be there.
Meng,
the CFO of Chinese tech giant Huawei, was arrested at Vancouver
International Airport in December 2018 at the request of the U.S., which
seeks to extradite her to face charges of fraud. A number of people
showed up on the first day of her hearing Monday and held signs
supporting her.
For actor Julia Hackstaff of Vancouver it all
started with a promise of $100 for two hours of work in what she
understood to be an appearance as an extra in a movie shoot. Hackstaff
said the offer came over Facebook from a person in the acting community
she has never met.
"It's
terrible, it's horrifying," she said. "I was sincerely going to
participate in something that seemed cool and a nice opportunity. And
they took advantage of my profession and my passion ... to make a false
protest."
The second person, whom CBC News has agreed not to
identify and will refer to as SP, said she was recruited by a friend
promising a $150 payday just to show up at the courthouse and hold a
sign.
"I
was told it was to free Ms. Meng. I had never heard that name before in
my life," said SP, also of Vancouver. "I had to go after and
Google what Huawei was because I never heard that [name] before in my
life. I didn't even know it was a company."
Both women say they don't know who was ultimately offering the payment for their participation.
SP says a woman identified only as "Jowe" [pronounced "Joey"] handed out the signs at the courthouse.
One woman says she was recruited by a friend who paid her $150 to show up and hold a sign. (Maggie MacPherson/CBC)
"She didn't say much, she just shook our hands," said SP, who
was standing with a small group of people. "She disappeared for a bit
and came back and she had the red signs that you can see in the
pictures a lot of people holding. So I assume either she made them or
someone got them made for her, and she just basically handed them out.
That was it. We were given no instruction, no information on what we're
doing."
Hackstaff says she
and a friend were told by her contact to go to the Holiday Inn a few
blocks away and then brought to the courthouse. When they arrived, they
approached a group of young people who looked "lost" she assumed were
background actors.
"I went and asked, 'Are you guys the extras?'
And one guy said yes. He then asked me my name and my friend's name. So
we gave him our first names and he checked on his phone like [as] if he
had a list."
Hackstaff said she was handed a red sign that said
"Free Ms. Meng, Equal Justice!" Soon after, she began questioning what
was actually going on.
There was something very strange about this protest this morning. Participants said they had only heard about the hearing last minute, hence the basic signs. They were unwilling to tell media about their cause and where they were from and were becoming agitated at questions. https://twitter.com/GeorgieSmyth/status/1219302898372243457 …
"A CBS reporter approached me and my
friend and she started interviewing us. And it was in those moments and
questions where I started realizing, OK, if this was background work,
they wouldn't need detail on background people."
"And then I started realizing, wait, no one called 'action,'" she said.
Hackstaff
says she "freaked out" when a second reporter approached, coming to the
realization that the movie she thought she was appearing in was, in
fact, something very real. She says that's when she left without being
paid.
SP
says her friend paid her $150 via an e-transfer. She says after she
read up on Meng and Huawei, she feels deep regret at having participated
in what she feels was a faux protest.
"I wasn't educated ... and that's a shame on me," she said. "I really wish there was a way to go back in time."
CBC News has left messages with the woman identified as Jowe. She has not responded.
Corrections
An
earlier version of this story incorrectly reported Hackstaff identified
another one of the protest organizers. In fact, Hackstaff says she did
not have direct contact with protest organizers.
Meng Wanzhou, chief financial officer of Huawei, leaves her home in
Vancouver on Jan. 20, 2020. A court hearing begins today in Vancouver
over the American request to extradite the executive of the Chinese
telecom giant Huawei on fraud charges. (Jonathan Hayward/The Canadian Press)
Meng Wanzhou's extradition hearing finally kicked off this
week. It's been just over a year since the Huawei chief financial
officer was arrested on fraud charges. The arrest ignited a massive
diplomatic rift between Canada and China, and a lot of international
attention is focused on the Vancouver courtroom where a judge now must
decide whether Canada will send the heiress to face the U.S. justice
system.
CBC Vancouver senior reporter Jason Proctor has been covering this story closely. Today on Front Burner he explains how extradition hearings work and how these proceedings might affect Canada's already tense relationship with China.
Meng Wanzhou's lawyers say Canada should end extradition for 'national interests'
Lawyers say minister of justice needs to assert independence from U.S. in case of Huawei CFO
Jason Proctor · CBC News · Posted: Jun 24, 2019 11:34 AM PT
Lawyers for Huawei chief financial officer Meng Wanzhou say it would be
in Canada's national interests to end extradition proceedings against
their client. (Ben Nelms/CBC)
Lawyers for Meng Wanzhou say it would be in "Canada's national
interests" to drop extradition proceedings against the Huawei chief
financial officer.
Meng's legal team is asking Ottawa to assert
Canadian independence from the United States by ending a legal
proceeding that could render the executive to the U.S. for allegedly
violating sanctions against Iran.
The normally tight-lipped
lawyers say they submitted an argument to Justice Minister David Lametti
following reports former prime minister Jean Chrétien floated the idea
of Ottawa cancelling Meng's extradition as a way to thaw out hostile relations with China.
"Canada
is at a crossroads respecting the United States' request that Canada
extradite Ms. Meng, for conduct that could not be an offence in Canada,"
the lawyers argue.
"Over our history, the Canadian government
has stood up for Canadian values, including the rule of law, even in
circumstances where this has meant a departure from American foreign
policy initiatives."
The statement is signed by the four legal
heavyweights preparing Meng's defence in the lead-up to her B.C. Supreme
Court extradition hearing, which is expected to begin next January.
According
to an indictment unsealed in January, Meng and Huawei face 13 criminal
counts of conspiracy, fraud and obstruction in the U.S. The charges
relate to an alleged scheme to circumvent sanctions against Iran through
a shadow company in Tehran that prosecutors say was actually controlled
by Huawei.
Meng is accused of lying about the relationship — putting U.S. banks at risk of violating sanctions.
The case has thrown Chinese-Canadian economic relations into a tailspin and seen China arrest two Canadians accused of spying and sentence two more to death for alleged drug offences.
The
arguments echo submissions Meng's lawyers have already made in court,
but they come after news both of Chretien's interference and a CBC report that Beijing ignored a personal attempt by Prime Minister Justin Trudeau to meet with China's premier.
Former Prime Minister Jean Chretien has suggested that
Canada should cancel extradition proceedings against Meng Wanzhou as a
way to thaw out hostile relations with China. (Fred Chartrand/Canadian Press)
The statement comes at a time of heightened tensions between the United States and Iran.
Last
week, Iran shot down a U.S. military drone — an action followed by U.S.
President Donald Trump's last minute decision not to carry out a
retaliatory strike because it would have killed 150 people.
Meng's
legal team notes that Trump withdrew from an international agreement
aimed at limiting Iran's nuclear capabilities and has since sought to
introduce increased sanctions on the Islamic republic.
Canada has not followed suit.
Meng Wanzhou is facing an extradition hearing which is set
to begin in January. China has called for her release as have her
lawyers. (David Ryder/Reuters)
They say that Meng would never face a similar prosecution in
Canada because "only the U.S. has sanctions laws prohibiting foreign
banks entering into U.S. dollar transactions for doing business with
foreign companies that sell commercial goods into Iran."
The
argument speaks to the principle of "double criminality" at the heart of
extradition law: that a crime in the country seeking extradition should
also be considered a crime in Canada.
'Nothing to do with Canada'
Besides —
Meng's legal team says the lies she is accused of making allegedly took
place in Hong Kong in the presence of non-Canadian bankers.
"Canada
does not police the conduct of foreign persons in foreign lands that
have nothing to do with Canada," the statement from the lawyers says.
Meng's
lawyers refer back to Canada's 2002 decision — under then-Prime
Minister Chrétien's leadership — not to join the U.S.-led coalition
which invaded Iraq; they say Canada must occasionally depart from
American foreign policy.
"Canadian governments have had to make
difficult decisions, sometimes at odds with the foreign policy
initiatives of its allies, including the United States, in order to
assert essential Canadian values of human decency, fairness, tolerance
and respect for human rights and the rule of law," the lawyers say.
Flanked by security and photographers, Meng Wanzhou leaves for B.C. Supreme Court on Wednesday, May 8, 2019. (Ben Nelms/CBC)
Beyond the press release from Meng's lawyers, the submissions to Lametti have not been made public.
The
Department of Justice would not confirm receipt of the letter from
Meng's legal team, but said "Canada is a country that respects the rule
of law" in an emailed statement to CBC News.
The statement also cited the provisions of the Extradition Act in dealing with the case.
According
to extradition procedure, the minister of justice has an opportunity to
weigh in on a case once a decision has been made to commit a person for
removal to another country.
Documents
obtained by the CBC under Freedom of Information say Trudeau has also
been told that there "are no examples of the Minister (of Justice)
discharging a case for political or diplomatic reasons."
Foreign Minister Chrystia Freeland's has rejected the notion of simply cancelling Meng's extradition at this point.
Meng
is currently living under a form of house-arrest in one of two
multi-million dollar homes she owns in Vancouver, after being released
on $10 million bail.
Jason
Proctor is a reporter in British Columbia for CBC News and has covered
the B.C. courts and mental health issues in the justice system
extensively.
We don't break the law for national interests (Justin take note). We uphold the rule of law because it is the right and ethical thing to do
David Amos
Reply to @Philip Nicholson: Whereas Trump i pounding on the drums of war again methinks its High Time I call all the lawyers again and send some more emails N'esy Pas?
Abid Salman Reply to @Philip Nicholson: Upholding the rule of law is a basic tenet of civilized society.
However, this basic tenet should be applied impartially and without a selective partisan touch.
What rule of law did Canada use to support the overthrow of the
Venezuelan government, wage war on Iraq, Syria and Afghanistan ?
Civilized society requires the use of diplomacy to settle differences,
where "genuine" national interests are concerned. Blindly following the
bellicose rhetoric coming from the hawks in the US, is not being
civilized.
David Amos
Reply to @Abid Salman: Well Put
Roosevelt Smith Love the threats China, we actually have something called rule of law here...
David Amos Reply to @Roosevelt Smith: "Love the threats China, we actually have something called rule of law here.."
Methinks lawyers should not bet the farm on your opinion until you have
studied Federal Court File NO T-1557-15 and asked Justice Minister David
Lametti why he has not responded to me yet N'esy Pas?
Joyce Hope Shortell Bend to China's demands & we'll be a puppet on a string.
David Amos Reply to @Joyce Hope Shortell: Methinks you must prefer Trump as our puppet master N'esy Pas?
Darcy Wells I
find this amusing that, after last week's threats that Canada shouldn't
meddle in internal Chinese matters, they pull this one of their hat.
Threats, unlawful detainment of CDN nationals and now open meddling in legal proceedings.
Made in China!
Jason
Tremblay Reply to @Darcy Wells:
AND they were trying to pass their own extradition law in Hong Kong but the people rose up to reject it.
Irony thy name is China!
Bob DeJohn
Reply to @Jason
Tremblay: The true irony is we just arrested a Chinese national and
detained her for 6 months over groundless claims - I mean who else has
been arrested for violating the Iran sanctions? Anyone from HP or Apple?
Nope. HP openly flouted the sanctions via its European division. Trump
announced it was a political arrest. The irony here is we're displaying a
pure example of abuse of an extradition treaty.
Pete Lindsay Ms
Meng’s defence Should be arguing her innocence and providing proof that
the charges against her are baseless! This strategy to argue to release
her for our national interest is despicable and makes me think she is
guilty
Ken Likeness Reply
to @Pete Lindsay: Canadian law isnt supposed to be based on French law
that requires an accused to prove their innocence. It is supposed to be
the required of the accuser to prove any guilt. (note I said supposed to
be.)
Michael Jay "Jean Chrétien floated the idea of Ottawa cancelling Meng's extradition as a way to thaw out hostile relations with China."
The extradition should be cancelled if it is unlawful or unwarranted and for no other reason!!!
David Amos Reply
to @Michael Jay: Methinks a lot of lawyers agree that it being
unlawful and unwarranted are pretty good reasons to cancel the
extradition nonsense N'esy Pas?
Oliver Watler If
Meng Wanzhou is confident of her innocence, then she should head to the
USA tomorrow for trial and get this all over with. Why is she hanging
out here for as long as possible?
Bob DeJohn Reply
to @Oliver Watler: We've delayed the court process for her extradition.
Trump already public ally declared it was a political arrest. She
shouldn't even be sent to the US in the first place because of that.
David Amos
Reply to @Oliver Watler: Methinks you would do that same if you were her N'esy Pas?
Thomas Carter If
she is innocent as all her supporters suggest then she has nothing to
fear. Just let it work through the courts. A story last week stated that
if she really wants to get this out of the way as fast as possible she
should surrender to the US authorities which would eliminate the months
of extradition hearings in Canada and go straight to trial in the US.
David Amos
Reply to @Thomas Carter: Yea Right
Charles Brody NO. Canada is a country governed by the rule of law and that is sacrosanct.
'Poor Canada': Will Meng Wanzhou extradition hearing threaten national interest?
Chinese economic pressure tactics called unprecedented by former head of extradition for U.K.
Jason Proctor · CBC News · Posted: May 03, 2019 1:00 AM PT
The U.S. is seeking the extradition of Huawei chief financial officer
Meng Wanzhou, but Canada appears to be bearing the brunt of China's
displeasure in a situation that blurs the lines between politics and
justice. (Darryl Dyck/The Canadian Press)
If anyone can appreciate the kind of pressure facing the
Canadian prosecutors handling Meng Wanzhou's extradition hearing, it's
Nick Vamos.
As the former head of extradition with the British
Crown Prosecution Service, Vamos has handled many high-profile,
international white collar cases in the U.K..
He
says political concerns — such as China's obvious displeasure with the
Huawei executive's arrest — may swirl in the background. And he has
heard comments from politicians like U.S. President Donald Trump — who
suggested Meng could be used as a bargaining chip in a trade
war — inadvertently hand defendants ammunition in their bids from
freedom.
But
Vamos — who now works as a London-based defence lawyer — says he's
never seen anything as overt as Beijing's apparent attempts to bully
Canada into releasing Meng: arresting and isolating two Canadians in
China for allegedly spying, sentencing two more to death for drug
trafficking and choking off imports of Prairie canola.
"That's a
new phenomenon," said Vamos, a partner with Peters and Peters, a
leading U.K. law firm with expertise in business crime.
"Or at least not a phenomenon that's been so publicly and obviously displayed in an extradition case."
'I find that profoundly depressing'
Meng's
legal team will likely provide a roadmap along with the beginnings of a
strategy for extradition proceedings when the Huawei chief financial
officer makes her next B.C. Supreme Court appearance on May 8.
The 47-year-old faces the possibility of decades in jail
if sent to the U.S. to face criminal charges of conspiracy and fraud in
relation to accusations she lied to New York banks as part of a scheme
that allegedly saw Huawei violate sanctions against Iran.
Canada has come under intense pressure from China to release
Meng. Her supporters have crowded the Vancouver courtroom where Meng's
court proceedings take place. (David Ryder/Reuters)
Her lawyers have already raised concerns
about what they called the "political character" of the case, along
with hints they'll be claiming abuse of process in the way Canada Border
Services agents and the RCMP detained and arrested her at the Vancouver
airport last December.
Vamos said prosecutors essentially act
as a lawyer for the requesting state — the United States in Meng's case.
They wouldn't normally be aware of the kind of back channel pressure
that accompanies some extradition cases.
"Poor Canada — without
wishing to sound patronizing — is being caught in the middle of this,
and China are shamelessly using political tactics to intervene in what
is supposed to be an open, transparent judicial process," he said.
"And I find that profoundly depressing."
'The boyfriend of a very bad man'
Vancouver-based
lawyer Gary Botting has written several books on extradition and
constitutional freedoms, including one focused on the law surrounding
extradition to the United States.
He believes Meng has a strong
case, in part because her treatment could be seen as "unjust or
oppressive" given the nature of her job and the way in which she was
apprehended.
"The vice-president of an international corporation
doing business hither and yon has to know they're going to be safe from
being arbitrarily arrested at an airport at the behest of a rival
state," he said.
"It's just common sense that shouldn't be allowed to happen."
Botting
said Meng has a number of possible grounds to challenge the
extradition. Trump's comments will almost certainly be among them, as
will the Charter of Rights and Freedoms guarantees she has already
claimed were violated in a separate civil suit.
In 2001, the Supreme Court of Canada upheld a judge's decision
not to extradite four men wanted in the U.S. for a $22-million
telemarketing scam because of comments U.S. prosecutors made that would
have led to a violation of their charter rights.
The Supreme Court of Canada upheld a decision not to
extradite four men to the United States after a U.S. assistant attorney
suggested one of them might be raped in prison if he didn't waive his
extradition rights. (Shutterstock)
The ruling came after an assistant U.S. attorney told CBC's The Fifth Estate
one of the accused would "be the boyfriend of a very bad man" if he
waited out his extradition hearing and wound up in jail after a trial.
The
men argued that they were being threatened with rape in prison, which
would have violated the charter right to life, liberty and security of
the person — not to mention the right not to be subjected to cruel and
unusual punishment.
'Political in nature'
Along those lines, Meng has already claimed in her civil case
that the RCMP arranged for CBSA officers to detain her for three hours
before she was officially arrested so she could be denied access to a
lawyer and her electronic devices could be seized.
She said she
was denied her charter rights to know the reason for her arrest, to
retain and instruct legal counsel without delay and to be secure against
unreasonable search and seizure.
U.S. President Donald Trump's comments about Meng could
factor into her defence if she says she is being persecuted for
political reasons. (Chip Somodevilla/Getty Images)
Vamos said Trump's comments won't necessarily play a huge role during the hearing stage.
He
said prosecutors will likely ask the judge to look at the record of
actions of the U.S. Department of Justice in regards to Meng as opposed
to the president's off-the-cuff statements.
The courtroom extradition hearing itself is supposed to be apolitical.
But if a judge commits Meng for extradition, the final decision to surrender belongs to Canada's minister of justice.
And the Supreme Court of Canada, in a precedent-setting case
involving a man accused in a mining fraud, has described the minister's
role in that part of the extradition decision-making process as
"political in nature … at the extreme legislative end of the continuum
of administrative decision-making."
'There will come a moment'
Foreign Affairs Minister Chrystia Freeland acknowledged this reality in an interview in February with CBC's Ottawa Morning.
"Saying you're a rule of law country doesn't mean political decisions don't get taken," Freeland said.
"There
will come a moment — as in all extradition cases, where the minister of
justice will need to — could need to, depending on how things develop
— could need to take a political decision about whether to approve the
extradition."
Canadian Foreign Affairs Minister Chrystia Freeland has said
that there may come a moment in the Meng case when a political decision
is necessary. (Chris Wattie/Reuters)
The Extradition Act
says the minister "shall refuse to make a surrender" if it would be
"unjust or oppressive having regard to all the relevant circumstances."
The
minister must also consider whether or not the prosecution is taking
place to punish a person by reason of "race, religion, nationality,
ethnic origin, language, colour, political opinion, sex, sexual
orientation, age, mental or physical disability or status."
But
the law is silent on the types of pressures facing the Canadian
government when it comes to Meng and China. Shortly after her arrest,
the Chinese government arrested two Canadians, Michael Kovrig and
Michael Spavor, who have since been accused of spying. According to
Canadian officials, both men have been kept in isolation for months.
A
third Canadian, Robert Schellenberg, was sentenced in January to death
in China for allegedly trafficking drugs. He was originally given a
15-year sentence, which he appealed. And this week, a Chinese court
handed the death sentence to a fourth Canadian, Fan Wei, for his role in
an alleged methamphetamine trafficking ring.
The Chinese have
denied any relation among the fates of Kovrig, Spavor, Schellenberg and
Meng, but the Canadian government has raised concerns about the timing.
Meanwhile,
China has choked off Canadian canola shipments, claiming to have found
"dangerous pests" in imports of the grain, which account for about $2.7
billion of annual trade between China and Canada.
'Nobody would be weeping'
Vamos
sees an interesting parallel between Meng's case and an English case
that saw the director of the U.K.'s Serious Fraud Office discontinue an investigation
into allegations of bribery in connection with a multibillion-dollar
arms sale to Saudi Arabia in 2006 under extreme pressure from the Saudi
government.
At the time, Prime Minister Tony Blair defended the
decision by saying Britain's "strategic interest" in terms of Middle
East counterterrorism had to come first.
That proceeding differs
from an extradition case in which Canada has little choice but to act
in accordance with its international treaty obligations. But Vamos says
the same kind of issues are at play.
"That puts them in this
awful position where they have to carry on with the case knowing or
suspecting that it might have these terrible consequences for Canadian
citizens or the Canadian economy," Vamos said.
"So what do they
do about that? Presumably they can talk to the Americans on various
channels to say: 'Can you please not put us in this position?' But that
gets very complicated because the Americans would look like they're
giving in to Chinese pressure."
Vamos
said he has discussed the Meng case with Canadian counterparts and has
been following it with interest. If nothing else, it's keeping the world
of extradition experts entertained.
He won't be drawn into betting on the outcome.
"I
say this glibly, but I'm sure nobody would be weeping for too long if
somehow she just managed to give her security detail the slip and left
Canada on a false passport wearing a fake beard and moustache and
appeared in China somewhere," he said.
"I'm not saying that's going to happen. But who knows?"
Jason
Proctor is a reporter in British Columbia for CBC News and has covered
the B.C. courts and mental health issues in the justice system
extensively
Huawei CFO Meng Wanzhou leaves her Vancouver home to attend a court appearance regarding her bail conditions. (Darryl Dyck/Canadian Press)
Meng Wanzhou has filed a civil claim against members of the
Canada Border Services Agency (CBSA), the RCMP and the federal
government, alleging "serious breaches of her constitutional rights"
when she was detained, searched and interrogated at Vancouver
International Airport in December.
In the claim, filed Friday in
B.C. Supreme Court, the embattled Huawei CFO says she is seeking
damages for "misfeasance in public office and false imprisonment." It
says Meng was held for three hours without explanation and without
access to a lawyer before an RCMP constable told her why she was
arrested.
It alleges that Meng has suffered "mental distress,
anxiety, and loss of liberty" as a direct result of her detention at the
airport.
Meng, who is the daughter of Huawei's founder, was arrested on Dec. 1, 2018, while in transit to Mexico and South America.
She
was arrested on suspicion of fraud involving violations of U.S.
sanctions on Iran, and American prosecutors are fighting for her
extradition. American prosecutors claim she and other Huawei executives
have been avoiding the United States since learning of an investigation
into their activities.
Claim alleges arrest intentionally delayed
The
claim alleges a "deliberate and pre-meditated effort" by CBSA officers
to obtain evidence from Meng, in violation of her rights under the
Canadian Charter of Rights and Freedoms.
RCMP Const. Winston
Yep, three unnamed Canada Border Services Agency officers, and the
Attorney General of Canada are named in the civil suit.
It
alleges the officers obtained a warrant ordering Meng's immediate
arrest, but intentionally delayed that arrest under the guise of a
routine border check in order to extract evidence from her.
"The
CBSA Officers detained the Plaintiff for the express purpose of
obtaining information which they and the RCMP and/or U.S. D.O.J. did not
believe would be obtained if the Plaintiff was immediately arrested,"
it reads.
The claim
describes the scene at the Vancouver airport in early December,
when Meng was among the first dozen passengers to exit her flight onto
the jetway.
Meng leaves her home with a security guard in Vancouver the day after she was released on $10 million bail. (Jonathan Hayward/Canadian Press)
It says CBSA officers were screening
passengers "for the sole purpose of detaining the Plaintiff and
unlawfully searching and interrogating her before turning her over to
the RCMP."
It claims the CBSA officers "knew or were recklessly
indifferent to the fact that their detention, search and interrogation
of the Plaintiff … was unlawful."
Devices seized
The
claim alleges Meng's detention was "unlawful" and "arbitrary," and that
she had no freedom of movement after she was apprehended on the jetway.
The
claim also alleges CBSA officers unlawfully seized two
personal cellphones, an iPad and a personal computer and took them to a
private office, then demanded Meng surrender her passwords.
It says the
officers "unlawfully opened and viewed the contents" of the devices and
searched Meng's luggage, in violation of her right to privacy.
Canada 'vicariously liable'
The
13-page document also claims that CBSA officers subjected Meng to
unlawful interrogations over a sustained period, adding that Canada is
"vicariously liable" because the officers are employed by the federal
government.
None of the claims have been proven in court.
The CBSA and the RCMP declined to comment on the claim as it is before the courts.
Meng has
been living under strict bail conditions in her Vancouver home since
her release last December. She has hired at least 13 lawyers from six
law firms.
On Friday, Canada announced that an extradition hearing for Meng can move forward.
Meng's
defence team said in a statement that she maintains she is innocent of
any wrongdoing and that the U.S. prosecution and extradition is an abuse
of legal process.
Michelle
Ghoussoub is a journalist with CBC News in Vancouver. She has
previously reported in Lebanon and Chile. Reach her at
michelle.ghoussoub@cbc.ca or on Twitter @MichelleGhsoub.
Canada announces extradition hearing against Meng Wanzhou can go ahead
Green light from Ottawa means B.C. courts can proceed with formal hearing
CBC News · Posted: Mar 02, 2019 3:30 AM PT
Huawei CFO Meng Wanzhou talks with a member of her private security detail in Vancouver in this Dec. 12, 2018, file photo. (Darryl Dyck/Canadian Press)
Canada has announced that an extradition hearing against Meng
Wanzhou, the embattled executive of Chinese tech giant Huawei, can move
forward.
"Today, Department of Justice Canada officials issued
an authority to proceed, formally commencing an extradition process in
the case of Ms. Meng Wanzhou," read a statement from the federal
department.
Ottawa had until midnight Friday, three months after Meng's arrest in Vancouver, to decide whether to approve the proceedings.
The United States wants to try Meng on charges related to conspiring to violate international sanctions against Iran.
Meng's
defence team said in a statement that Meng maintains she is innocent of
any wrongdoing and that the U.S. prosecution and extradition is an
abuse of legal process.
The
team said it is disappointed that an authority to proceed was issued
given the political nature of the charges and that U.S. President Donald
Trump has repeatedly said he would interfere in the case if he thought
it would assist with trade negotiations with China.
'A political persecution'
The Chinese Embassy in Canada also expressed its disappointment in the Department of Justice Canada's decision.
"This
is not merely a judicial case, but a political persecution against a
high-tech enterprise," said the embassy in a statement.
"The
final result of the Canadian court to handle this case will be a
touchstone for testing whether Canada adheres to the judicial
independence or not," it said.
China's ministry of foreign affairs issued a statement on Saturday saying that it "deplores and firmly opposes" Canada's move.
Vancouver
immigration lawyer Richard Kurland said China has reasonable grounds to
believe Canada could intervene in light of the
recent SNC-Lavalin controversy.
"Canada
has stood by its pretensions that we respect the rule of law but got
caught with their pants down with SNC-Lavalin, doing the opposite of
what they told China they couldn't do," Kurland said.
Meng leaves her home with a security guard in Vancouver on Dec. 12, 2018, the day after she was released on $10-million bail. (Jonathan Hayward/Canadian Press)
Meng, 46, was detained at Vancouver International Airport
en route from Hong Kong to Mexico on Dec. 1, 2018, enraging Chinese
leaders and catapulting both countries into an ongoing diplomatic
dispute.
China has repeatedly called for Meng's release since
her arrest. Prime Minister Justin Trudeau has previously said Ottawa
can't interfere in Meng's case, citing the importance of respecting
judges' independence and the rule of law.
Two Canadians in
China, diplomat Michael Kovrig and entrepreneur Michael Spavor, were
detained on national security grounds days after Meng's arrest. Canada,
in turn, has called for their immediate release.
Another
Canadian man jailed for drug smuggling, Robert Lloyd Schellenberg, was
handed the death sentence in mid-January. Trudeau condemned the ruling, accusing China of "arbitrarily" applying the penalty.
Meng was released on $10 million bail
on Dec. 12, 2018. She has since been living in her property in
Vancouver's affluent Dunbar neighbourhood under constant surveillance.
Meng leaves B.C. Supreme Court in downtown Vancouver around 8
p.m. PT on Dec. 12, 2018, nearly five hours after the judge delivered
his decision granting her bail. (CBC)
Friday's authority to proceed marks the
first step in the extradition process. Meng is due in B.C. Supreme
Court next Wednesday to set a date for the extradition hearing.
Even though courts in the province can now move forward with her extradition hearings, it could be a long time before Meng is sent to the U.S. — if at all.
Extradition
cases can stretch on for years, winding in and out of court with many
avenues for appeal. In deciding on Meng's bail, B.C. Supreme Court
Justice William Ehrcke cited two such cases that dragged on for a decade
or more.
For further information: Media Contact: Alex Benac, Alex.Benac@hkstrategies.ca, 416-413-4583
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