A foreign
policy hawk with a year-long stint as U.S President Donald Trump’s
national security adviser, John Bolton, sat down with The National's
Adrienne Arsenault to talk about his White House memoir and his views on
Trump’s presidency.
Bolton's
book also takes a quick dig at former prime minister Jean Chrétien. It
involves Chrétien's suggestion that Canada should free Huawei executive
Meng Wanzhou, in Canadian custody pending extradition to the U.S.
"Never a friend of the U.S., [Chrétien] was arguing that Canada should simply not abide by our extradition treaty," he writes.
---------- 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
In a world economy reshaped by a virus, the new North American trade deal takes effect
The new NAFTA tried not to change too much — and then the pandemic changed everything
Janyce McGregor · CBC News · Posted: Jul 01, 2020 4:00 AM ET
Workers on the production line at Chrysler's assembly plant in Windsor,
Ont., work on one of their new minivans on January 18, 2011. (Geoff Robins/Canadian Press)
As negotiators shook hands on the revised North American free
trade agreement, they couldn't have foreseen the fundamental upheaval
their countries would soon be facing thanks to the COVID-19 pandemic.
If
the Trudeau government is looking to celebrate something this Canada
Day, it may be the relative security of the status quo that was more or
less preserved in the talks.
"Bullet dodged" — that's how Brett House, Scotiabank's deputy chief economist, summed things up for CBC News last weekend.
"Sometimes," he said, "the biggest victories are the bad things prevented, rather than new things built."
Unlike
Canada's original trade deals with the U.S. and the other major trade
deals the Trudeau government has implemented with European and Pacific
Rim partners, the new NAFTA doesn't substantially liberalize more trade.
Most North American tariffs had been eliminated already.
The
new automotive chapter, in contrast, adds more protectionism by
requiring manufacturers to use more local components and higher labour
standards to avoid tariffs.
When Global Affairs released its economic impact study
for the new agreement last winter, it was criticized for basing its
comparisons not on the terms of the original NAFTA but a hypothetically
devastating scenario in which President Donald Trump completely pulled
the plug on preferential trade with Canada.
How likely was that?
Opinions still vary as to whether the Trudeau government had any real
alternative to going along with the renegotiation.
As last week's threat to reimpose aluminum tariffs
suggests, this White House remains unpredictable and, sometimes,
unthinkable, even in the face of strong economic arguments about the
value of free trade with one's neighbours.
'Negative on balance'
In attempting to modernize NAFTA for the 21st century, did negotiators meet the standard of "first, do no harm"?
In
a paper released Tuesday by the C.D. Howe Institute, consultant trade
economist Dan Ciuriak revisited the economic modelling done by the
International Monetary Fund, the U.S. International Trade Commission and
Global Affairs Canada, as well as his own figures, and tried to make
sense of how things look now — amid the chaos of a pandemic that's
disrupted international supply chains, shut down all but essential
cross-border travel and introduced a new public health rationale for
constricting trade on national security grounds.
"There are many
sources of uncertainty that at present do not lend themselves to a
robust quantification," his summary concludes. "The known knowns promise
to be negative on balance; as for the known unknowns, time will tell."
"Just
as companies were starting to prepare and think about [NAFTA
implementation], COVID came," said Brian Kingston, outgoing
vice-president responsible for trade issues at the Business Council of
Canada.
"Their focus is turned 100 per cent to survival and making sure that they can get through this pandemic intact."
Prime Minister Justin Trudeau and U.S. President Donald
Trump arrive to take part in a plenary session at the NATO Summit in
Watford, Hertfordshire, England, on Dec. 4, 2019. (Sean Kilpatrick/The Canadian Press)
Despite the pandemic (or perhaps to distract from it), Trump
demanded a June 1 implementation date. When he couldn't get that, he
insisted on a July 1 implementation, to make sure a done deal was ready to campaign on this fall.
Rather
than risk more punishment and political grief by stalling, Canada and
Mexico agreed, paving the way for the Canada Day starting line.
For Canada, starting in July instead of August is very expensive
for its dairy sector — and perhaps for the taxpayers who
ultimately will compensate farmers for it. The dairy fiscal year begins
in August, and since NAFTA concessions ramp up at the start of each new
dairy year, that ramp is steeper with this timing.
One
innovation in the original NAFTA now begins to vanish from the corporate
toolkit: the investor-state dispute system (ISDS), which let companies
bypass regular courts and challenge the regulatory decisions of Canadian
governments directly through NAFTA arbitration (ISDS is also referred
to by its location in the original text: "Chapter 11").
The
ability of multinationals to seek millions in damages in such lawsuits
"was always something that critics of the original NAFTA deal hated,"
said cross-border trade lawyer Mark Warner. "So that's a pretty big
change."
The new NAFTA's uniform regulations for automotive manufacturing have only been out for a couple of weeks — during a time when carmakers have been preoccupied with reviving their supply chains and factories from the relative coma of this spring's lockdown.
"Without
COVID, this would have been the most important issue facing that most
important industry, and now this is probably a distant second," said
Warner.
"I don't think anyone in auto … has really had time to
concentrate the mind on [the new NAFTA] coming into effect. I think
we're going to see a delayed reaction that plays out over time."
Will
the revised agreement eventually fulfil Trump's pledge of returning
more automotive jobs and investment to the U.S. (and Canada)? Or will
manufacturers opt to comply by paying Mexican workers more, as some Japanese facilities are already signalling? Could some skip NAFTA compliance altogether?
Trade
law professor Elizabeth Trujillo from the University of Houston said
that while the new labour provisions are consistent with the populist
values of Mexico's current president, complete compliance with new
labour standards on the Mexican side is "unlikely."
"Will that be enforced? If it is, what does that mean? More tariffs?" she said.
It's
now possible for claims of labour violations to be pursued against
Mexico under NAFTA's now-revised state-to-state dispute resolution
process.
"The more
likely scenario is that a lot of these manufacturers will just not use
the new NAFTA … they'll work outside of it," Trujillo said. "Just pay
what they have to pay [in tariffs] and not have to adjust their way of
doing things to the new rules."
As it reworks its supply chain
strategy, Mexico may collaborate with other countries — especially other
Latin American countries that also have free trade agreements with the
U.S., like Colombia, she said.
Trade professor Meredith Lilly of
Carleton University, a former adviser to Stephen Harper's government,
predicts "real bumps" ahead as this sector transitions to the new rules
while trying to remain globally competitive.
"Over the long
term, eventually the price of cars is going to go up," she said,
pointing out that North American components and labour will be more
expensive.
De minimis, dairy changes kick in
Not every
sector faces as many new rules as the automotive industry. For regular
consumers, changes attributable to NAFTA may be almost undetectable.
"The
biggest win is that Canadians won't see a lot of change," Kingston
said. "The less that we see is actually a sign that the agreement is
working as planned."
There are a few small consumer gains.
With
online shopping and shipping more popular than ever, goods shipped from
by U.S. by courier services no longer face customs duties if they're
valued under $150, and won't incur sales taxes if they're worth less
than $40. If purchases are shipped by mail, however, the previous
threshold of $20 will still apply.
Dairy cows walk in a pasture at Nicomekl Farms, in Surrey, B.C., on Thursday August 30, 2018. (Darryl Dyck/THE CANADIAN PRESS)
While the market
access conceded to the U.S. for supply-managed agricultural products
like dairy, eggs and poultry should, in theory, spur more competitive
pricing and add more choice to store shelves, it's not a given that will
happen.
The pandemic has dramatically disrupted food supplies and prices, which might make any concurrent NAFTA changes hard to spot.
The
new licences to import American products will also be given mostly to
Canadian processors, not retailers — something the Americans have threatened to fightbecause they don't trust Canada's domestic industry to deliver the market share promised to U.S. farmers.
Sour relations
While
the implementation of the new NAFTA could have been an opportunity to
relaunch Canada-U.S. trade relations with a more positive attitude,
Lilly said she fears this opportunity has been lost. Instead, the
pandemic has left Canadians with a bad taste in their mouths about their
neighbours.
The Trump administration's attempt to prevent 3M from shipping N95 masks to Canada
is an example of how there's "no loyalty and no love lost" between the
partners in the North American trading bloc right now, she said.
"It's
caused Canadians to reflect a great deal," she said, adding she worries
the Trudeau government's ambitions for diversified trade aren't shared
by the general public.
Hassan Yussuff, the president of the
Canadian Labour Council who also served on Canada's NAFTA advisory
council during the negotiations, said he hopes the deal brings
positive changes to the lives of working people in Mexico. He said he
also hopes the new NAFTA regulations, in turn, will make employers think
twice about leaving Canada in the first place — easing the resentment
workers felt about the original NAFTA deal.
COVID-19 is
prompting countries to re-examine how far they have pushed the envelope
on international trade, and to revisit the idea of making certain things
at home, he said.
"We cannot be this vulnerable," Yussuff
said. And even if there is a new president in the White House after
November, he added, domestic political pressures will remain.
"Americans
always act in their own self-interest. We should not think we're
special. We have to be vigilant, and get used to this."
John Bolton on Trudeau, Canada's tensions with China and not voting for Trump
Canada-U.S. relations 'transcend the vagaries' of Trump, says ex-presidential adviser
CBC News · Posted: Jun 30, 2020 7:30 PM ET |
John Bolton says possible threat by Russia on U.S. troops in Afghanistan needs to be investigated. 3:02
John Bolton may no longer be part of the Trump administration —
or even a supporter of the president — but the former U.S. national
security adviser still believes in the country's clout on the world
stage, which he says is being used to back up Canada amid tensions with
China.
"The negative consequences caused by the Trump presidency can be overcome," he said in an interview with The National's Adrienne Arsenault, noting however that the "position of the United States in the world has not fundamentally changed."
"Those who are anti-American will pick on Trump as an example of America in decline, and they would be wrong."
Bolton was fired by Donald Trump in September and has since authored a book about his time in the White House
He
said the U.S. is still a force to be reckoned with, and that the
country will be invaluable in efforts to secure the release of Michael
Spavor and Michael Kovrig, two Canadians detained in China as what
Bolton called retaliation for Canada arresting Huawei executive Meng
Wanzhou at the request of the U.S.
"Obviously,
they were picking on Canada rather than arresting American citizens.
That tells you a lot about the character of that regime," Bolton said.
"This
is why we're concerned about Huawei and [Chinese telecommunications
company] ZTE to begin with. They are arms of the state of China, they're
not commercial telecommunications firms in the sense that we in the
West understand it and they have a much larger mission than good
telephone connections.
"So when they put pressure on a small
country like Canada, it's important for all of us to stand together and
present a united front."
WATCH | U.S. standing behind Canada on China arrests, says Bolton:
John Bolton says the U.S. is standing behind Canada after two Canadians were detained in China. 1:28
Bolton said he thought of advice from within the
administration to Trudeau to stand firm on Meng's extradition not as
pressure, but as the U.S. reassuring Canada "we weren't going to let the
Chinese get away with this."
He also noted Canada's
relationship with the U.S. has been strained under Trump but will remain
strong, and he commended Justin Trudeau for the prime minister's
"responsible" interactions with the president.
"It's not easy
for any foreign leader, especially from American allies, to deal with
this anomalous president," he said. "The fundamental relations between
two countries really do transcend the vagaries, even of an election of a
national leader."
WATCH | Bolton commends Trudeau's 'responsible' behaviour with Trump:
John
Bolton says it's not easy for foreign leaders to work with Trump and
commended Justin Trudeau's 'responsible' interactions with the
president. 1:27
When it comes time
to cast a ballot in the upcoming presidential election, Bolton said
he's not going to vote for Trump — nor for his Democratic rival, Joe
Biden.
"I'm going to write in a conservative Republican. I think
that's the philosophically right thing to do," he
said, acknowledging that some people who voted for Trump in 2016 or
didn't vote at all will vote for Biden.
"I respect that choice but that's not mine.
"For
a conservative Republican — and I've been one since I was 15 and
handing out leaflets for Barry Goldwater — this is not a happy time."
For
the first time in 89 days, the weak and ever-confused Joe Biden emerged
from his basement bunker and answered a few questions from the media. #FoxNews#Hannity
Trump had superficial, transactional view of Meng extradition case, Bolton tells CBC Radio
U.S. president compared Meng Wanzhou to Ivanka Trump, offered to reverse Huawei prosecution, Bolton claims
CBC Radio · Posted: Jun 26, 2020 12:55 PM ET
White House national security adviser John Bolton, shown listening to
U.S. President Donald Trump, has espoused hawkish views on Iran for
years. Bolton was also a chief architect of the 2003 U.S. invasion of
Iraq. (Carlos Barria/Reuters)
John Bolton believes Huawei executive Meng Wanzhou's
extradition case is solid and that he himself would be willing to
testify in a Canadian court against suggestions it is politically
motivated, the former White House national security adviser said in his
first Canadian media interview, with CBC Radio's The Current, since releasing his new book.
"The
facts are what the facts are," said Bolton. "It's very clear what the
purpose of the arrest was — it was not politically motivated at all and
I'd be happy to testify under oath to that effect in a Canadian court."
Trump
had little interest in the fine-grained details of charges Meng faces
for allegedly skirting U.S. sanctions and viewed the case with
far-ranging international implications in transactional terms, he said.
He writes in his book, The Room Where It Happened: A White House Memoir, that Trump even offered to reverse the Huawei prosecution last year.
Bolton,
who became Trump's third national security adviser in April 2018 after
an extensive career in Washington serving in Republican administrations
since the 1980s, has depicted his former boss in the book as generally
more consumed with how foreign policy objectives advanced his own cause
for re-election than America's interests.
The U.S. wants to
extradite Meng, the Huawei chief financial officer detained in B.C. on
Dec. 1, 2018, to face allegations of fraud. She is accused of lying to
banks about Huawei's relationship with a company that prosecutors claim
was violating U.S. economic sanctions against Iran.
"It took a
lot of effort to explain [to Trump] that Huawei and people involved in
Huawei had committed financial fraud and very serious respects regarding
violations of U.S. sanctions against Iran," Bolton told The Current in an interview that aired on Friday.
As
it so happened, the very day Meng was taken into custody at Vancouver
International Airport, Trump was enjoying face time with Chinese
President Xi Jinping, at the G20 summit in Buenos Aires. Bolton writes
in the book that the administration was tipped off about the possibility
of an arrest the day before it happened.
Huawei chief financial officer Meng Wanzhou arrives at B.C. Supreme Court in Vancouver on Jan. 17, 2020. (Ben Nelms/CBC)
About a week later at a White House dinner, Bolton writes,
Trump made what the national security adviser saw as a facile comparison
between Meng and his own daughter Ivanka (Meng is the scion of Huawei's
founder).
"He
said to me at one point during the dinner, 'Do you realize you arrested
the Ivanka Trump of China?' And I thought to myself, 'Gee, I never knew
Ivanka was a spy,'" Bolton recalled.
It is among a number of
anecdotes in the book where Bolton describes Trump as being unduly
fascinated by trivial matters, including an incident where the president
wondered extensively why Venezuelan politician Juan Guaido's wife
wasn't wearing a wedding ring during a White House visit.
The
specific details of the Huawei case didn't consume Trump, Bolton writes,
and instead fell into what the former U.S. ambassador to the United
Nations describes as "the black-hole-of-trade phenomenon ... twisting
all other issues around Trump's fascination with a big trade deal."
It was discouraging to allies, Bolton writes.
Willing to testify in extradition case
Not
long after taking office, Trump embarked on a strategic goal of
striking a wide-ranging trade deal with China, seeking to level the
playing field after complaining of an asymmetry in the economic
relationship. The wide-ranging effort has included punitive sanctions,
though for the most part, the president has spoken warmly of his
relationship with Xi.
"It was my view and I think the uniform
view of the president's other advisers that this kind of criminal
prosecution should not be used as a bargaining chip in trade
negotiations," Bolton told The Current.
Trump
had a "tendency to get involved in criminal prosecutions to give,
effectively, personal favours to dictators he was trying to improve his
relationship with," he said. Elsewhere in his book, Bolton depicts Trump
telling Recep Tayyip Erdogan he would "take care of things" with
respect to an ongoing U.S. probe of Turkey's Halkbank.
LISTEN: Bolton speaks with The Current's Matt Galloway about his new book
The Current
John Bolton on Trump & Trudeau, Huawei and the president's bid for re-election
U.S.
President Donald Trump tried to block its release, but former National
Security Advisor John Bolton's memoir, The Room Where It Happened: A
White House Memoir, was published Tuesday. He spoke with The Current's
Matt Galloway in his first Canadian interview. 21:37
Despite an alleged Oval Office interference, Bolton maintains
the case for Meng's extradition is strong and was unconcerned about a Politico report
earlier this week claiming that her legal team will now cite his book
in arguing that the charges she faces are part of a politically
motivated pressure campaign on the Chinese.
Meng, who remains
under house arrest in Vancouver, lost the first battle in her bid to
avoid extradition but the process is expected to continue into 2021.
Canadian detentions arbitrary: Bolton
Within
days of Meng being apprehended, Canadians Michael Kovrig and Michael
Spavor were picked up separately in China. After over a year of
detention without charge, they have been formally accused of various
spying charges that their families and legal teams strenuously deny.
Bolton
said "all the evidence" points in the direction of politically
motivated prosecution at the behest of the Communist Party.
"The Chinese have responded in an authoritarian fashion, they have arbitrarily arrested Canadian citizens," he said.
Prime
Minister Justin Trudeau has ruled out the prospect of a swap that would
see Meng go free and Kovrig and Spavor return home from China, arguing
it would undermine respect for Canadian rule of law. A group of former
government officials and politicians this week wrote an open letter
calling on Justice Minister David Lametti to intervene in the case to
affect such an outcome.
Bolton said in Friday's interview that
while the relationship between Trump and Trudeau may be "frosty," at
other levels of government, the bilateral relationship continues in a
productive and respectful manner.
Michael
Kovrig and Michael Spavor have been in jail in China since December
2018, detained just days after Huawei executive Meng Wanzhou was
arrested in Vancouver on behalf of American justice officials. Former
U.S. national security adviser John Bolton says the Canadian government
upheld its obligation to arrest Meng under its longstanding extradition
treaty with the United States. 1:34
It has been
assumed that were Joe Biden to emerge victorious in the election over
Trump, there would be a reset at the top leading to more cordiality,
given an overlap of over a year in which Trudeau appeared to enjoy a
solid working relationship with the Democratic president Biden served
under, Barack Obama.
As he has said previously this week in promoting his book, Bolton told The Current he
will fill in the ballot on Nov. 3 with the name of someone he sees as a
principled conservative, opting not to vote for either Trump or Biden.
Bolton
left the White House on Sept. 10, 2019. The relationship with Trump
soured due to fundamental disputes with the handling of major foreign
policy issues with Iran, North Korea and Afghanistan.
Bolton not yet in the clear
The Trump administration sought to stop publication of The Room Where It Happened, arguing the book hadn't fully cleared a White House review process of potentially classified material.
Trump
has called the book a "compilation of lies and made-up stories," while
Secretary of State Mike Pompeo has been among those who served alongside
Bolton who've also had harsh words for his decision to publish his
book. Democrats continue to be aggrieved that Bolton chose to reveal
details of Trump's dealings with Ukraine in print instead of testifying
at a Senate impeachment trial in January, which ultimately saw the
president acquitted.
While
a federal judge last week cleared the way for the book to reach the
general public — it had already made its way into the hands of reporters
— he did have harsh words for Bolton's decision to push ahead with his
publisher Simon & Schuster, arguing he potentially "stands to lose
his profits from the book deal, exposes himself to criminal liability,
and imperils national security."
Trump, in characteristically
blunt language on Twitter evoking Bolton's reputation of a foreign
policy hawk, seemed to promise legal ramifications after that ruling:
"[Bolton] likes dropping bombs on people, and killing them. Now he will
have bombs dropped on him!"
Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau Cottage in Ottawa. (Adrian Wyld/Canadian Press)
Prime Minister Justin Trudeau dismissed out of hand calls from
former parliamentarians and diplomats to release Huawei executive Meng
Wanzhou and unilaterally end her extradition process — saying such a
move would embolden China to detain other Canadians to further its
political goals.
A group of 19 high-profile Canadians, including former foreign affairs ministers Lloyd Axworthy and Lawrence Cannon, penned a letter to Trudeau this week saying Justice Minister David Lametti should intervene to free Meng.
They said Meng's release would give Canada the chance to "redefine its strategic approach to China."
"There is no question that the U.S. extradition request has put
Canada in a difficult position. As prime minister, you face a difficult
decision. Complying with the U.S. request has greatly antagonized
China," the letter says. CBC News obtained the letter Wednesday.
The
letter writers said Michael Spavor and Michael Kovrig are likely to
languish in Chinese prison until Meng's extradition case is settled. The
two Canadians were detained in China shortly after Meng was
detained in Vancouver in 2018.
Trudeau was definitive that Canada would not bow to Beijing to secure the freedom of these two men.
"I
respect these distinguished Canadians who put forward that letter but I
deeply disagree with them," Trudeau told reporters Thursday. "They're
wrong in their approach."
Trudeau said he is sympathetic to the
plight of Spavor and Kovrig — he called it a "terrible and trying
situation" — but he said Canada can't let China get away with this sort
of hostage diplomacy.
Watch: Prime Minister Justin Trudeau rejects calls to release Meng Wanzhou
Prime Minister Justin Trudeau spoke to reporters outside Rideau Cottage on Thursday. 2:57
He said countries shouldn't be allowed to snatch Canadians to get what they want from Ottawa.
"The
reality is releasing Meng Wanzhou to resolve a short-term problem would
endanger thousands of Canadians who travel to China and around the
world by letting countries know that a government can have political
influence over Canada by randomly arresting Canadians," Trudeau said.
Trudeau said his government is firmly committed to the rule of law and Meng's case will be handled by our justice system.
"We
need to continue to be absolutely crystal clear that Canada has an
independent judiciary and those processes will unfold independently of
any political pressure, including by foreign governments," Trudeau said.
"We deplore what China did."
When asked if he would consider levying sanctions on top Communist party officials — a dozen senators sent a letter yesterday urging such action — Trudeau said his government is open to any action against China that does not "endanger other Canadians in the future."
Conservative
Leader Andrew Scheer said Trudeau's "weak leadership" and "policy
appeasement" has made it difficult for Canada to get the two Michaels
back.
Scheer said
Trudeau should take a hard line against China by pulling Canadian money
from the Chinese-controlled Asian Infrastructure Bank and ramping up
inspections of Chinese exports.
"He's tried precisely nothing to
improve Canada's position, to give us more leverage and to show the
government of China that there are consequences to mistreating
Canadians," Scheer said.
Scheer also said he agrees with the prime minister that Canada shouldn't hand over Meng as part of some sort of hostage swap.
"I
don't believe that setting aside the rule of law is an appropriate
response to two Canadians being detained illegally," Scheer told
reporters.
Several Canadian legal experts say more can be done to free the two
Michaels — Michael Spavor and Kovrig — who are detained in China. We
speak with former Justice Minister Allan Rock who recently presented the
government with a legal opinion that says the government can stop the
extradition proceedings of Meng Wanzhou, and Charles Burton, senior
fellow with the Macdonald Laurier Institute.
Download Freeing the two Michaels
[mp3 file: runs 00:24:24]
Charles Burton is Associate Professor at Brock University
specializing in Comparative Politics, Government and Politics of China,
Canada-China Relations and Human Rights. He served as Counsellor at the
Canadian Embassy to China between 1991-1993 and 1998-2000. Prior to
coming to Brock, Charles worked at the Communications Security
Establishment of the Canadian Department of National Defence.
He received a PhD in 1987 from the University of Toronto after
studies at Cambridge University (Oriental Studies) and Fudan University
(History of Ancient Chinese Thought Program, Department of Philosophy,
class of '77). He was an Izaak Walton Killam Memorial Post-Doctoral
Scholar in Political Science at University of Alberta, 1986-88.
He has published extensively on Chinese and North Korean affairs and
Canada-China relations and has been commissioned to write reports on
matters relating to Canada's relations with China for agencies of the
Government of Canada. Charles is a frequent commentator on Chinese
affairs in newspapers, radio and TV.
Associate Professor of Political Science Charles Burton is in high demand as an expert on Canada-China relations.
With Canada-China relations at an all-time low, demand for the
expertise of Charles Burton, Brock University Associate Professor of
Political Science, is sky high.
For months, Burton has been fielding calls and crossing oceans to
consult with security and foreign policy agencies in Canada, Europe and
elsewhere on “the threat of the foreign policies of the Government of
the People’s Republic of China to sustaining a rules-based international
order,” he says.
On March 25, Burton spoke to an audience of government and
non-government security specialists at a counter-proliferation
roundtable in Toronto about potential lessons Canada could learn from
Australia’s new legislation on espionage and foreign interference.
In April, he flew to London at the invitation of the Government of
the United Kingdom Cabinet Office Assessments Staff and the Canadian
High Commission to participate in the Five Eyes Think Tank Dialogue. He
spoke to an audience of security specialists from several countries on
the China-Russia nexus.
The following week, the Canadian Embassy funded his participation in
the Stratcom Summit in Prague, an invitation-only meeting of 150
security specialists from Europe and North America.
While in the Czech Republic, accompanied by the Ambassador of Canada
to the Czech Republic and other Embassy officials, Burton briefed senior
members of the Czech Ministry of Foreign Affairs on current Chinese
economic relations with the West. He also met with political officers of
several other embassies to the Czech Republic.
In addition to numerous consultations with international foreign
policy officials, Burton’s calendar is packed with media requests,
including interviews with Canadian outlets such at the CBC, CTV and TVO,
along with The Financial Times, New York Times, and regular spots on American syndicated radio.
“His reputation for really insightful assessments of global
developments has resulted in spiralling demands from national and
international news media for his commentary,” said Kevin Cavanagh,
Executive Director of University Marketing and Communications. “Charles
understands why it is important to interpret issues on Canada-China
relations in ways that are relevant to everyone from your next-door
neighbour to the Prime Minister.”
On his most recent European trip, Burton was surprised by the number of people who knew him.
“I had no idea there were readers in diverse countries across the
world, not to speak of course of Taiwan and Hong Kong, where you’d
expect that kind of interest,” he says.
His fame is a function not only of syndication and social media, but also of the seriousness of his subject.
Governments throughout the world, including in Ottawa, are
increasingly concerned about the “enormous impact” of China’s global
influence, Burton says.
“I think my body of work over the years is becoming more recognized
now because it had a sort of predictive value which is now coming to the
fore,” he says. “People who previously might have dismissed some of my
research are now interested in having me involved in advising them.”
Burton, who maintains homes in both China and Canada, has never shied
away from critiquing the Chinese government. But, he says, the strained
China-Canada relationship means that he “certainly won’t be going back
this summer.”
Burton says former Canadian diplomat Michael Kovrig was arrested in
China and “is being interrogated on matters to which he became privy to
during the course of his diplomatic service.”
Burton, who has also worked as a diplomat, was “given a
recommendation that it wouldn’t be a good idea to go back.” He worries
about other Canadians living in the country.
“The Chinese government’s behaviour is becoming so arbitrary, it’s hard to predict,” he says.
“The idea of someone like me being arrested by state security, this I
can understand, I’m sort of involved in it,” he says. “But Canadians
who are there just for doing good, getting caught up in it, really makes
me feel much more morally outraged than people like me who have chosen
to become involved in the struggle.”
Burton counts himself among a small number of China specialists who are prepared to criticize the regime.
“The other option is to hold back and not enter into the public
debate on China,” he says. “If people understand things that are causing
trouble in our relationship with China and don’t dare speak up, I think
that would be more damaging to Canada’s interests.”
• Charles Burton, Senior Fellow, Macdonald-Laurier Institute
• Phil Calvert, Senior Fellow, China Institute, University of Alberta (by videoconference: Toronto, Ontario)
• Paul Evans, Professor, School of Public Policy and Global Affairs, University of British Columbia (by videoconference: Singapore, Singapore)
11:30 a.m. to 1:00 p.m.
As an individual
• Jeremy Paltiel, Professor, Department of Political Science, Carleton University
• Yves
Tiberghien, Professor, Department of Political Science, and Faculty
Associate, School of Public Policy and Global Affairs, University of
British Columbia (by videoconference: Vancouver, British Columbia)
Canada West Foundation
• Carlo Dade, Director, Trade and Investment Centre
• Sharon Zhengyang Sun, Trade Policy Economist, Trade and Investment Centre
Canada’s
continuing to do nothing in response to China’s violations of the
accepted norms of international diplomacy and trade will not sustain the
status quo in our deteriorating relations with China and will certainly
not allow us to see movement in achieving the release of Celil, Spavor
and Kovrig, explains Charles Burton.
By Charles Burton, February 25, 2020 The following remarks were prepared by MLI Senior Fellow Charles
Burton as evidence to present before the House of Commons Special
Committee on Canada-China Relations meeting which convened on February
24, 2020. The full video of those proceedings, including Burton's
remarks, is available here.
***
Good morning. It is such an honour for me to be invited to give
evidence to the House of Commons Special Committee on Canada-China
Relations.
I have read all the evidence from the Committee’s meetings numbers 3,
4 and 5 that were sent to me by your Clerk of the Committee. All of
this evidence was given by senior Canadian Government civil servants
explaining to the Committee how they implement Canadian government
policy.
This morning I would like to highlight important factors in the
Canada-China relationship that I was disappointed to see omitted in the
earlier evidence, assertions made that I interpret differently, and,
finally, some recommendations that I have for the Government of Canada
on how to much more effectively further Canada’s interests in our
relations with China.
Let me say, first of all, that as is the case for many Canadian
families, Chinese, not English or French, is the language of my home. In
my youth, I read a lot of classical Chinese texts in their original
Chinese. More than 40 years ago, I had the extraordinary privilege of
being admitted into the History of Ancient Chinese Thought Program in
the Department of Philosophy at Fudan University in Shanghai.
Because of this, I was taken aback by something I read in the
evidence that the Committee was given by a senior Canadian Government
official who said, and I quote, the Chinese “place an importance on the
values of collectivism and harmony, owing to a Confucian heritage.
Understanding the extent to which China values unity and the needs of
society at large, rather than freedom of individual choice...we just
have to understand that. That's where they're coming from” and
elaborated later as “some elements of collectivism and harmony are at
odds with individual rights. They're different.”
Let me point out, this assertion by our Ambassador is consistent with
the official propaganda of the Chinese Communist Party under
General-Secretary Xi Jinping. The CCP upholds its political legitimacy
by claiming that China’s traditional culture demands non-democratic
single Party autocratic rule in this modern age.
I could not disagree more with this interpretation, and certainly it
is utterly refuted by the vibrant democracies based on respect for human
rights and rule of law existing today in Taiwan and South Korea.
But the troubling question for me is this: does Canada’s acceptance
that “China values unity and the needs of society at large, rather than
freedom of individual choice,” mean that Canada will stand idly by in
the face of the horrendous and massive program of cultural genocide
against the Uyghurs and other Turkic Muslims in China who are confined
to so-called “re-education camps” where they are not permitted to
practice their religion at any time over their years of incarceration?”
The fact is that Canada has put the names of officials from Sudan,
Russia, Venezuela, and Saudi Arabia on our Justice for Victims of
Corrupt Foreign Officials Act (or, Magnitsky Sanction) list. But in
sharp contrast, no Chinese officials complicit in the persecution of
Tibetans, Uyghurs, Falun Gong and Chinese Christians have been
designated. This sends out a strong signal to the PRC regime. That
signal is that hostage diplomacy and arbitrary imposition of trade
sanctions against Canada is a policy that works. Our lack of any
substantive response to this emboldens them to do more of it in future.
The evidence given by our civil servants in the previous meetings of
this Committee repeats over and over the formula that Canada’s priority
in China relations is “the immediate release of Michael Kovrig and
Michael Spavor, as well as clemency for Robert Schellenberg.” But in
response to questioning, one of the officials indicated “there are two
Canadians—Mr. Schellenberg and Mr. Fan Wei—whose charges on the death
penalty are public and available.”
So why is the focus on Kovrig, Spavor and Schellenberg, three
Canadians of non-Chinese origin, to the exclusion of our Canadians
Huseyin Celil and Fan Wei? I judge that is certainly deeply troubling to
all Canadians formerly resident in the PRC prior to becoming Canadian
citizens and joining our national family.
Do we also thereby tacitly accept the Chinese Government’s claim that
persons of Chinese origin in Canada have an obligation of residual
loyalty to the Chinese state regardless of their Canadian citizenship?
Is that why the serious problem of Chinese state harassment of persons
of mainland-Chinese origin in Canada, in gross violation of the
protections of the Canadian Charter of Rights and Freedoms, is
essentially unaddressed by our Government?
Let me conclude my remarks by way of providing recommendations that I
have for the Government of Canada on how to much more effectively
further Canada’s interests in our relations with China
The PRC regime’s flouting of the standards of international diplomacy
is, without question, becoming more and more blatant as the years go
on. Just last week the Czech Government President’s office acknowledged
the leak of a communication received by that office from the PRC Embassy
in Prague. In it, the Government of the PRC threatens that if the
Speaker of the Czech Parliament travels to Taiwan as planned, then three
Czech companies with extensive business in China would be punished,
including the famous Petrov piano factory.
So unlike the PRC sanctions against our canola, which is falsely
accused of having severe impurities in its dockage, there is no longer
any pretense in this Czech case that there is any legitimate basis for
the PRC’s threat of trade retaliation if a nation does not comply with
the PRC’s political agenda. The companies menaced were chosen simply
because they have ties to politically influential people in Prague.
Taiwan has a national Government utterly in control of its territory
fully legitimated by a liberal democratic election process. Why
shouldn’t the Czech speaker go there?
The fact is, Canada has lost the respect of the Chinese regime by our
non-action in response to their outrages against us. It is high time
for us to kick back by retaliating especially on China’s persistent
illegal imports into Canada of the noxious drug, fentanyl.
Canada’s external trade with China is about 4.7% of our exports at
present and is mostly primary commodities which can be sold easily
elsewhere in the global market. In the unlikely event China decided to
block us from access to their market further in response, the
consequences would be highly disruptive to certain sectors. Those
sectors would need compensation, but not as severe as some people who
speak in support of China would make out.
But Canada’s continuing to do nothing in response to China’s
violations of the accepted norms of international diplomacy and trade
will not sustain the status quo in our deteriorating relations with
China and will certainly not allow us to see movement in achieving the
release of Celil, Spavor and Kovrig.
Finally let me conclude by mentioning that a report by my friend
Anne-Marie Brady to New Zealand’s Parliamentary Inquiry on Foreign
Interference details the Chinese Communist Party’s massive scheme of
enticing foreign politicians, academics and business people to promote
China’s agenda through political lobbying, the media and academia.
Besides offering business opportunities or free trips to China, using
bribery or honey traps and so on, there are also “consultancies” in
which prominent advisers pocket up to $150,000 per annum just for being
affiliated with PRC entities. So long as the foreign adviser promotes
relations with China on PRC terms, the money keeps coming.
Australia’s 2018 Foreign Influence Transparency Scheme Act should be
examined carefully by this Committee. Canada needs to come to terms with
Chinese money benefiting Canadian political campaigns and rewarding
Canadian politicians and public servants who are seen as “friends of
China.”
Mr. Chair, I welcome vigorous and challenging questioning from
members of the Committee about what I have said above and anything else I
can speak to on Canada-China relations.
There are many very important topics that I have been unable to address in this short statement. I do regret that.
Thank you.
Charles Burton is associate professor of political science at
Brock University, senior fellow at the Macdonald-Laurier Institute’s
Centre for Advancing Canada’s Interests Abroad, and former counsellor at
the Canadian embassy in Beijing.
The
federal government is facing increased pressure to intervene in the
extradition case of Huawei executive Meng Wanzhou, including a letter
signed by 19 former politicians and diplomats, in hopes action will
prompt China to free Canadians Michael Kovrig and Michael Spavor. 2:39
A group of high-profile Canadians, including former
parliamentarians and senior diplomats, say Justice Minister David
Lametti should end extradition proceedings for Huawei executive Meng
Wanzhou to give Canada a chance to "re-define its strategic approach to
China."
In a letter to Prime Minister Justin Trudeau dated June
23, the signatories say Canada has the legal right to intervene to free
Meng and end the extradition trial that could send her to the U.S. They
cite a legal opinion published earlier this week by Toronto-based lawyer
Brian Greenspan.
"There is no question that the U.S.
extradition request has put Canada in a difficult position. As prime
minister, you face a difficult decision. Complying with the U.S. request
has greatly antagonized China," the letter says.
The 19 signatories say that releasing Meng could also free
Michael Kovrig and Michael Spavor, the two Canadians who were detained
in China shortly after Meng's arrest.
"Removing the pressures of
the extradition proceeding and the related imprisonment of the two
Michaels will clear the way for Canada to freely decide and declare its
position on all aspects of the Canada-China relationship."
CBC's Power & Politics obtained a copy of the letter Wednesday.
The
signatories say Kovrig and Spavor are being held in conditions
"tantamount to torture" and Meng's years-long extradition process could
spell trouble for the Canadians as delays will "add immeasurably to the
stress that they are under."
"The two Michaels were taken in
direct retaliation for the arrest in Canada of Meng Wanzhou. We believe
that the two Michaels will remain in their Chinese prison cells until
Meng is free to return to China," the letter says.
A woman holds an anti-CCP sign outside of Huawei chief
financial officer Meng Wanzhou’s hearing at the BC Supreme Court in
Vancouver, British Columbia on Monday, May 27, 2020. (Ben Nelms/CBC)
The letter has been signed by former Supreme Court justice
Louise Arbour, former Liberal foreign affairs minister Lloyd Axworthy,
former Conservative foreign affairs minister Lawrence Cannon, former
Conservative senator Hugh Segal and former NDP leader Ed Broadbent,
among others.
The
signatories say Lametti should set aside concerns about the rule of law —
specifically Canada's obligations under its extradition agreement with
the U.S. — and politically intervene to end the B.C. court proceedings
that involve Meng.
"We contend that the time is past due for the
minister to do just that: to end the Meng extradition proceeding and to
bring the two Michaels home."
In 1999, the Extradition Act was
amended to include a specific provision that gives the federal minister
of justice the power to intervene in an extradition at any point during
the judicial phase.
"The minister has the right to withdraw the
authority to proceed and to end the extradition proceeding, and it's
totally at the discretion of the minister of justice," Greenspan said in
an interview with CBC News Tuesday.
"The question isn't whether the [Canadian government] can, the question is whether they should."
Robert Fowler, a former diplomat who was held hostage by al-Qaida in the Islamic Maghreb in 2008-09, also signed the letter.
In
an interview with CBC News, Fowler said he signed the letter because
he wants to do everything he possibly can to bring the Michaels home.
He
said the world is "nastier and meaner" and rules-based systems aren't
as effective as they once were in controlling the kind of behaviour
China exhibits.
"I think we've got to bend every effort to bring
these guys home," he said. "Make concessions. It's an imperfect world
... it's not a good idea to pay ransom, that said, you do what you've
got to do to look after your people," he said.
"I think the first responsibility of a government is
to look after the health and safety of its citizens and foreign policy
is not simply about making nice to Donald Trump," Fowler said.
The
call to free Meng also comes on a day when a dozen Canadian senators
are calling on Ottawa to take a harder line with China and
impose sanctions on top Communist Party officials in response to what
they call "tyrannical behaviour" by the regime.
But
the letter writers say freeing Meng and securing the release of Kovrig
and Spavor "would untie Canada's hands" as the extradition hearings are
"hobbling Canada's foreign policy at a time when it is crucial to define
it with clarity and boldness."
With Kovrig and Spavor in
Chinese custody, Trudeau has been reluctant to criticize the Communist
regime in Beijing even as it has been accused of human rights violations
through the detention of Uighur Muslims and the crackdown on democratic
rights in Hong Kong.
A B.C. court judged ruled late last month
that the U.S. allegation against Meng — that she engaged in fraud by
misrepresenting Huawei's relationship with an Iranian telecommunications
company when seeking a loan from the HSBC bank — could also be
considered a crime in Canada, and so extradition proceedings against the
Huawei executive should proceed.
Under Canadian extradition
law, an individual may only be extradited to face trial on foreign
charges if the underlying conduct would amount to a criminal offence in
Canada if it had happened here.
Meng's
case now moves to another phase, where a separate judge will decide
whether Meng should be extradited. The final decision to surrender the
Chinese executive to the U.S. will fall to Lametti.
Greenspan has suggested Lametti could intervene now before a judge has a chance to rule.
The
signatories say Canada inevitably would face blowback from the U.S.,
the country's largest trading partner and closest ally, if it decides to
end the extradition process — but they suggest the relationship can
endure that sort of diplomatic fracas.
"It would not be the
first time that Canada has parted ways with the U.S., including on much
more momentous issues, such as refusing to join in their invasion of
Iraq. Our strong bilateral relationship survived all of those
controversies," the letter says.
The letter was signed by
Arbour, Axworthy, Cannon, Broadbent, Segal, former ambassador to the
U.S. Derek Burney, former associate deputy minister of Finance Wendy
Dobson, former ambassador to Japan and Korea Leonard J. Edwards, former
permanent representative to the UN and UN Security Council Yves Fortier,
former foreign policy adviser Robert Fowler, former UN deputy secretary
general Louise Frechette, Executive Director, World Refugee &
Migration Council Fen Hampson, former ambassador to Germany and
permanent representative to the UN and UN Security Council Paul
Heinbecker, former ambassador to the U.S. Michael Kergin, former PMO
foreign policy adviser Claude Laverdure, former journalist and
broadcaster Don Newman, former president of the International
Development Research Centre Maureen O'Neil, former foreign affairs and
international development minister Andre Ouellet and former minister of
justice and attorney general Allan Rock.
This photo taken on June 4, 2019 shows the Chinese flag behind razor
wire at a housing compound in Yangisar, south of Kashgar, in China's
western Xinjiang region. A group of Canadian senators is calling for
sanctions against top Chinese officials in response to human rights
violations by the regime in Beijing. (Greg Baker/AFP via Getty Images)
More than a dozen senators — including several appointed
by Prime Minister Justin Trudeau — are calling on the federal government
to impose sanctions on Chinese officials for "gross violations of human
rights and fundamental freedoms."
In a June 23 letter addressed
to Trudeau jointly written by Conservative Sens. Thanh Hai Ngo and Leo
Housakos and co-signed by 11 others, the parliamentarians say Canada
should take a stand against China.
Citing China's detention of
Uighur Muslims, its crackdown on democratic rights in Hong Kong, its
decades-long repression of Tibet and its imprisonment of Canadians
Michael Spavor and Michael Kovrig, the senators describe the regime in
Beijing as the "biggest threat to mankind and a danger to international
security."
The senators say the best way for Canada to respond to China's
"tyrannical behaviour" is to levy sanctions on top Communist Party
officials using the Sergei Magnitsky Law. The law allows the government
to impose financial and other restrictions on foreign nationals
responsible for, or complicit in, violating internationally recognized
human rights.
The law also allows the government to freeze
assets owned by foreign nationals and prohibit financial transactions by
known human rights abusers. The law is named after Russian tax adviser
Sergei Magnitsky, who was tortured and died in a Moscow prison after
documenting fraud in Russia.
Canada has used the legislation to
sanction human rights abusers from Russia and Venezuela, preventing them
from using the Canadian banking system.
In November 2018, Canada sanctioned 17 Saudi nationals who were responsible for, or complicit in, the torture and death of the journalist Jamal Khashoggi.
"Unfortunately,
the PRC's tyrannical behaviour towards Hong Kongers, Uighurs and other
Muslim Minorities is just the latest in a continued pattern that has
become an extremely dangerous habit as it is constantly and mercilessly
perpetrating horrendous and utterly inhuman acts towards other groups,"
the senators say in their letter.
"Now,
more for than ever, the time has come for the government to firmly
stand up for these values and take concrete action by imposing Magnitsky
sanctions."
Last fall, a leak of internal Chinese government documents
to the International Consortium of Investigative Journalists (ICIJ)
painted a stark picture of Uighur concentration camps, which have been
built across the Xinjiang region over the past three years.
The
Muslim minority is routinely subjected to intrusive government
surveillance, intimidating phone calls and even death threats, according
to Amnesty International.
A recent report by the Australian Strategic Policy Institute found that thousands of Muslims have been used as forced labour in factories that supply companies like BMW, Nike and Huawei, among others.
China's
ambassador to Canada has called these camps — where as many as one
million ethnic Muslims are subjected to compulsory ideological lessons
under the watchful eye of party officials — "vocational training
centres."
Chinese Ambassador to Canada Cong Peiwu speaks as part of a
panel at the Ottawa Conference on Security and Defence in Ottawa, March
4, 2020. (Justin Tang/The Canadian Press)
The National
People's Congress, China's rubber-stamp Communist-controlled parliament,
also has said it will introduce a national security and anti-sedition
law in Hong Kong. The law would do away with the city's independent
legal system and allow Beijing to override local laws.
The
senators say China's Hong Kong policy is a clear violation of its
international obligations under the 1984 Sino-British Joint Declaration,
which guaranteed a "one country, two systems" framework following the
handover of Hong Kong from Britain to China.
"Canada,
as a member state of the UN, along with the international community,
has an interest and a responsibility to defend the international
rules-based order," the senators write.
The
letter adds that Canadian citizens also have been targeted by the
regime's "overreach and despotism," both abroad — with the "illegal
detainment of our brave Canadians" — and at home, where Chinese
Canadians opposed to the Communist dictatorship face "harassment and
intimidation" from organizations like the United Front.
Independent Sen. Marilou McPhedran is one of four Trudeau appointees who signed the letter.
In
a speech Tuesday, she said China proved itself to be a bad actor
through the establishment of the Uighur concentration camps, its violent
crackdown on protests in Hong Kong, its arrests of human rights
observers and allegations of forced organ transplantation.
"Can
we just pause for a moment and hear what I'm about to say? We are
talking about organs inside people's bodies forcibly and surgically
removed from live prisoners of conscience," she said, citing research
from the China Tribunal, an independent judicial investigation based in the United Kingdom.
Trudeau
has been reluctant to publicly criticize China with Kovrig and Spavor
still imprisoned there and facing espionage charges.
Trudeau
said last week he was "disappointed" by China's move to formally
charge the two men with spying. He said Canada would continue to work
"behind the scenes in very direct and firm ways" to secure their
release.
Deputy Prime Minister Chrystia Freeland said she was "heartbroken and really angry" over the development.
Asked
Tuesday at a Commons committee if Canada would impose sanctions,
Foreign Affairs Minister François-Philippe Champagne dodged the
question, saying, "Canada is on the forefront of human rights around the
world."
Progressive Sen. Jim Munson, a former journalist who
covered the 1989 Tiananmen Square protests, said he has respect for
Trudeau and the challenges he faces during this diplomatic fracas, "but I
think somewhere along the line there has to be more than just saying
we're disappointed."
"We have to stand up to the bully," Munson
said in a speech to the Senate Tuesday. "If we don't stand up, who will
stand up for what takes place in China?
"I know the government
has raised the human rights issue at every opportunity, but it doesn't
seem to be working. China has shown that it will not listen to reason or
to allies. It is playing games with people's freedoms and precious
lives. Beijing needs to be held accountable for the abuses."
Any decision on the fate of Huawei executive Meng Wanzhou, currently
awaiting a decision on extradition from Canada, is going to have
political fallout. (Ben Nelms/CBC)
While seasoned jurists say the Canadian government has every
legal right to intervene to free Huawei executive Meng Wanzhou from her
extradition trial to the U.S., some experts warn such an action could
have significant political ramifications.
"The question isn't
whether the [Canadian government] can, the question is whether they
should," said Toronto-based lawyer Brian Greenspan.
In 1999,
the Extradition Act was amended to include a specific provision that
provides the federal minister of justice the power to intervene in an
extradition at any point during the judicial phase.
"The minister has the right to withdraw the authority to
proceed and to end the extradition proceeding, and it's totally at the
discretion of the minister of justice," Greenspan said.
WATCH | Chinese Foreign Ministry comments on CBC interview with Michael Kovrig's wife
Zhao Lijian said China supports a move that would stop the extradition of Huawei executive Meng Wanzhou 3:06
Extradition
proceedings continue in the case against Meng, who was arrested in 2018
in Vancouver on behalf of American justice officials. The United States
wants to prosecute Meng for fraud, alleging she lied to banks about her
company's connections with Iran, which could possibly violate U.S.
sanctions.
The issue of the Canadian government intervening in
the case of Meng, the daughter of the Chinese technology giant's
founder, was raised recently by the wife of Michael Kovrig, one of two
Canadians being held in China on charges of spying.
Michael Spavor, left, and former Canadian diplomat
Michael Kovrig are in Chinese custody. Both have been charged with
spying. (The Associated Press/International Crisis Group/The Canadian
Press)
The
Trudeau government has accused China of detaining Kovrig and Michael
Spavor in retaliation for the arrest of Meng. Some have suggested Canada
could secure their freedom if it put an end to the extradition
proceedings against Meng and allowed her to return to China.
Trudeau
has said his government continues to work behind the scenes to secure
the release of the two Canadians but has ruled out a prisoner exchange.
Still in custody
The
Office of the Minister of Justice and Attorney General of Canada, David
Lametti, said in a statement Tuesday they are "well aware of the laws
and processes governing" the extradition proceedings.
"As
Ms. Meng's case remains before the courts, and the Minister of Justice
has a direct role in the extradition process, it would not be
appropriate to comment further on this matter," the statement said.
WATCH | Canada can stop Meng Wanzhou's extradition, legal experts say. Should it?
Canadian legal experts
Louise Arbour and Brian Greenspan say the federal government has the
authority to intervene in Meng Wanzhou’s extradition process, but what’s
less clear is whether it should and what intervening could mean for the
detention of Michael Kovrig and Michael Spavor. 4:38
Former
Supreme Court of Canada justice John Major said while Lametti can
intervene at any time in the extradition process, it would be unusual —
especially if after a prolonged court hearing, it concluded in favour of
extradition.
But Major noted there may be reasons to do it, especially as Kovrig and Spavor languish in Chinese detention.
"I
would hope before the attorney general intervenes, [he] would have
reasons that convince Canadians he should," Major told CBC News.
"The
attorney general has to be very cautious in overruling a trial judge
who has conducted a full hearing … You just want [Lametti] to act
judiciously, not politically."
'Be very cautious'
Major
said Canada is stuck in a difficult position, because if the attorney
general quashes the judge's decision in Meng's case, the U.S. could
react. Likewise, if the judge approves extradition, China could
retaliate.
Legal experts say Attorney General David Lametti could
intervene at any time in Meng's extradition case. (Adrian Wyld/Canadian
Press)
"It's a delicate situation where you have the U.S. at odds with China and Canada being caught in the middle," Major said.
Donald
Abelson, director of St. Francis Xavier University's Brian Mulroney
Institute of Government, said he believes it would be "a very dangerous
game for Canada to play in terms of succumbing to pressure" to intervene
politically in the case.
"I don't think that's a game that we
want to play," said Abelson, who was also a founding director of the
Canada-U.S. Institute. "It puts us in a very, very precarious position
because we don't want to be seen by the Americans as succumbing to
Chinese political pressure."
Abelson said Canada would be
"tempting fate" with the U.S, particularly in the current political
climate, where the Chinese government has become the focus of Donald
Trump's ire in terms of the COVID-19 pandemic and the countries' trade
war.
Abelson said Canada doesn't want to become a "punching bag" for Washington.
WATCH | Wife of Michael Kovrig says Canada can choose to end the extradition process:
Michael
Kovrig’s wife (though separated) Vina Nadjibulla speaks for the first
time in an exclusive interview with Adrienne Arsenault about his
detention, Canada’s diplomacy and her fears for the future. Nadjibulla
also shares letters Kovrig has sent during his 560 days in a Chinese
prison. 13:23
Diplomatic gloves come off
David
Carment, a a professor at Carleton University's Norman Paterson School
of International Affairs, said he believes Canada's intervention would
prompt the Trump administration to use it as a rallying cry to undermine
Trudeau's leadership and his pursuit for a majority government when he
calls an election.
"I think all sort of diplomatic gloves would
come off in this case. The United States would come out fighting and
work to undermine this current government's mandate," he said.
Christopher
Sands, director of the Centre for Canadian Studies at Johns Hopkins
University in Baltimore, said that the state department officials who
brought the case forward against Meng would be unhappy with Canada's
decision to intervene.
Trump would likely be angry, send off a
dismissive tweet or give Trudeau the cold shoulder at the next G7
meeting. But Sands doesn't believe it would result in major policy
ramifications against Canada.
"Would it be 'Canadians are no
longer allowed to cross the border?' No. The relationship between us and
Canada is too big and complex for that," he said. "I can't see any
lasting damage."
Ottawa could do more to free 2 Canadians jailed in China, Michael Kovrig's wife says
Kovrig and Michael Spavor have been detained in China for 560 days
CBC News · Posted: Jun 22, 2020 5:00 PM ET
Michael
Kovrig’s wife (though separated) Vina Nadjibulla speaks for the first
time in an exclusive interview with Adrienne Arsenault about his
detention, Canada’s diplomacy and her fears for the future. Nadjibulla
also shares letters Kovrig has sent during his 560 days in a Chinese
prison. 13:23
Watch Adrienne Arsenault's exclusive interview with Vina Nadjibulla on The National tonight at 9 p.m. ET on CBC News Network, 10 p.m. ET on CBC Television, and on cbcnews.ca.
The
government could be doing more to get Canadians Michael Spavor and
Michael Kovrig out of jail in China, according to the latter's wife.
Vina Nadjibulla told The National's Adrienne Arsenault on Monday that the year-and-a-half long ordeal has reached a point where "words are no longer enough."
"We as Canadians, as a Canadian government, have to take action to bring him home," Nadjibulla said.
Kovrig
and Spavor have been in jail in China since December 2018,
detained just days after Huawei executive Meng Wanzhou was arrested in
Vancouver on behalf of American justice officials, who alleged the
daughter of the Chinese technology giant's founder had broken U.S.
sanctions on doing business with Iran.
WATCH | Nadjibulla tells CBC News she gets angry and frustrated at times:
Vina
Nadjibulla tells The National's Adrienne Arsenault that the safety and
well-being of her husband, Michael Kovrig, who has been detained in
China for a year and a half, is foremost in her mind. 0:41
Meng remains in B.C. under house arrest, after losing a ruling
last month in her ongoing fight against the U.S. extradition order.
Nadjibulla,
who is separated from her husband, said that she has obtained a legal
opinion in Canada which confirmed Ottawa can end the extradition
process within the rule of law and without any judicial interference.
"The
minister [of justice] can act. Whether the minister should act is a
second question. And that is a conversation we should be having instead
of hiding behind," she said.
Last
week, Chinese authorities charged Kovrig with suspicion of spying for
state secrets and intelligence, and formally accused Spavor of spying
for a foreign entity and illegally providing state secrets.
"In
the absence of letting them go they had to take this [legal] step, and
they have. The situation remains the same — they are innocent," said
Nadjibulla.
WATCH | Nadjibulla says Canada can choose to end the extradition process:
Vina
Nadjibulla, wife of Canadian Michael Kovrig, who is detained in China,
says there is more Canada could do to get both him and fellow detainee
Michal Spavor, released. 1:46
But, she said, it was "still heartbreaking," given that Kovrig
is been languishing in a single cell in what he has described in letters
to her and the rest of his family as a "concrete desert." Earlier, he
had been subjected to solitary confinement.
"Basically he has
been confined to a single cell this entire time. He has not gone
outside. He has not seen a tree or had fresh air to breathe for 560
days," said Nadjibulla.
This is about Canada and Canadian lives that are in harm's way.
- Vina Nadjibulla
Nadjibulla,
who grew up in Afghanistan and was once kidnapped, said that particular
experience has given her "a unique window, a tiny window" to be able to
understand his plight in the letters they've exchanged.
While
Nadjibulla praised the Liberal government and Canadian officials in
China for working "tirelessly" on Kovrig's behalf within days of
apprehension, she believes there's more that could be done.
"This
is about Canada and Canadian lives that are in harm's way. I am
interested in Canada and Canadians standing up for Canadians and
Canadian values."
She says this is not about being tough and standing up to China.
"I'm
interested in us being strong, but not antagonistic. We cannot win a
race to the bottom with China, we cannot become aggressive and
confrontational because confrontation is not a strategy."
Beijing denies connection
Kovrig
had been serving as a senior adviser for North East Asia for the
International Crisis Group since February 2017, having previously worked
for the Canadian mission at the United Nations.
The think-tank decried the charges last week as "groundless, indefensible, and sadly unsurprising."
"Today's
charges change nothing to our resolve to secure Michael's release and
to our hope and expectation that he will soon be reunited with loved
ones," Crisis Group chief executive officer Robert Malley said.
Nadjibulla,
who says she once worked in China, said that after the initial shock
wore off in December 2018 "it wasn't hard to put two and two together"
that his detention could be connected to Meng's arrest.
WATCH | Chinese officials deny charges are linked to Meng arrest:
Freelance
reporter Patrick Fok pressed China's Foreign Ministry spokesperson over
perceived connections between Meng Wanzhou's extradition case and
espionage charges against jailed Canadians Michael Spavor and Michael
Kovrig. 2:45
Beijing has denied the charges against the two men are related,
earning derision from Prime Minister Justin Trudeau during a Monday
news conference.
"Within the very first few days of the
detention of Michael Kovrig and Michael Spavor, Chinese officials were
highlighting a link between the detention a week before of Meng and the
arrest of the two Michaels."
WATCH | Trudeau says China has always linked the two cases:
Prime
Minister Justin Trudeau explains the plight of Michael Spavor and
Michael Kovrig and how China linked their arrest to the detention of
Huawei executive Meng Wanzhou. 1:10
U.S. 'stands with Canada': Pompeo
Trudeau reaffirmed
when asked by a reporter that the government would not consider some
kind of swap to free either man for Meng, characterizing such a move as
representing a "weakening" of Canadian values and the Canadian justice
system.
Secretary of State Mike Pompeo said Monday that the U.S.
"stands with Canada," in the wake of the charges against Kovrig and
Spavor.
"These charges are politically motivated and completely groundless," Pompeo said in a statement.
The
European Union also issued a new statement on Monday, calling for the
end of their "arbitrary detention" and that of a Swedish citizen also
jailed in China.
WATCH | China scolds Canada for 'double standard' over judicial independence
Chinese
Foreign Ministry spokesperson complains Canada and the U.S. are trying
to interfere in China's judicial system in the cases of Michael Spavor
and Michael Kovrig. 2:51
"There really is a coalition of support and solidarity" for Kovrig and Spavor, Nadjibulla said.
Until Nadjibulla gets word Kovrig and Spavor are on a plane leaving China, she says she will keep fighting for their release.
"I don't spend a ton of time blaming or getting angry," she said. "A time for that may come, but this is not that time."
In
this June 11, 2020, file photo, Secretary of State Mike Pompeo speaks
at the State Department in Washington. Pompeo is calling on China to
release two Canadian men that he says face “groundless” charges of
spying. THE CANADIAN PRESS/Yuri Gripas/Pool via AP
U.S. Secretary of State Mike Pompeo is calling on China to
release two Canadian men that he says face “groundless” charges of
spying.
Chinese authorities announced the charges against Michael Kovrig and
Michael Spavor on Friday, after they had spent more than 550 days in
prison without access to lawyers or family.
Since January, China has prevented Canadian diplomats from visiting Kovrig and Spavor, citing COVID-19 restrictions.
The two men were arrested in December 2018, nine days after Canada
detained Chinese high-tech scion Meng Wanzhou on an American extradition
warrant.
Prime Minister Justin Trudeau said Friday Chinese authorities
“directly linked” Meng’s case with Kovrig’s and Spavor’s, and reiterated
the government’s long held position that China has “arbitrarily
detained” them.
Pompeo says the U.S. is deeply concerned by China’s decision to formally charge Kovrig and Spavor.
“These charges are politically motivated and completely groundless.
The United States stands with Canada in calling on Beijing for the
immediate release of the two men and rejects the use of these
unjustified detentions to coerce Canada,” Pompeo said in a statement on
Monday.
“Additionally, we echo Canada’s call for immediate consular access to
its two citizens, in accordance with the Vienna Convention on Consular
Relations, as China has prohibited such access for almost six months,
and the world has no knowledge of the two Canadians’ condition.”
Meng, the chief financial officer of Huawei Technologies, is living
in luxury Vancouver home while her extradition hearing wends its way
through a British Columbia court.
The United States wants to prosecute Meng for fraud, alleging she
lied to banks in Hong Kong about her company’s connections with Iran,
which could possibly violate U.S. sanctions.
A spokesman for China’s foreign ministry said Monday that his country
does not arbitrarily detain people, and that Trudeau’s Friday remarks
were “irresponsible.”
Last month, the B.C. Supreme Court judge ruled the allegations
against Meng could constitute a crime in Canada. That meant Meng’s case
remains before the court, unresolved.
Last week, Meng’s lawyers accused the Americans of misleading the
B.C. court and said they are seeking a stay in the proceedings.
Please submit all media inquiries to media@crisisgroup.org. For all other enquiries, please email presidentsoffice@crisisgroup.org attention to Ginger Jacobs.
Prior to rejoining Crisis Group, first as Vice President for Policy and
since January 2018 as President & CEO, Robert Malley served in the
Obama administration as Special Assistant to the President, Senior
Adviser to the President for the Counter-ISIL Campaign, and White House
Coordinator for the Middle East, North Africa and the Gulf region. He
also served as Special Assistant to President Clinton for Arab-Israeli
affairs and Director for Near East and South Asian affairs at the
National Security Council.
Before joining the Obama administration, he was Program Director for
Middle East and North Africa at Crisis Group, leading the organisation’s
research, analysis, policy prescription and advocacy in and about the
region.
Robert Malley is a graduate of Yale University, Harvard Law School and
Oxford University, where he was a Rhodes Scholar. He is the author of
“The Call from Algeria: Third Worldism, Revolution and the Turn to
Islam” and, with Hussein Agha, of several articles, including “Camp
David: The Tragedy of Errors ,” “The Last Negotiation,” “Three Men in a
Boat,” “Hamas – The Perils of Power” and “The Arab Counter-Revolution.”
He has published articles in the New York Review of Books, Foreign
Affairs, The New York Times, The Washington Post, Le Monde and several
other publications.
Washington, DC
1629 K Street NW, Suite 1000
Washington, DC 20006
United States 1 202 785 1601
washington@crisisgroup.org
New York
10 Grand Central
155 East 44th Street, Suite 1705
New York, NY 10017
United States 1 212 813 0820 newyork@crisisgroup.org
Left: Prime Minister Justin Trudeau. Right: U.S. President Donald Trump. (Patrick Doyle/Reuters, Patrick Semansky/The Associated Press)
U.S. President Donald Trump does not like Prime Minister Justin
Trudeau and once personally instructed his staff to attack him in
television interviews, former White House official John Bolton alleges
in his new book.
In his soon-to-be-released memoir, The Room Where It Happened, Bolton recounts the leaders' notorious dustup at the G7 conference in Quebec in 2018.
The
tension at the meeting was widely known at the time, given Trump's
move to impose broad tariffs on steel and aluminum imports, including
products from allied countries like Canada.
Bolton, the former White House national security adviser, said the
president had negative feelings about the leaders of Canada and France.
In his book, he describes the unusual interpersonal dynamics of their
meetings.
Then-U.S. national security adviser John Bolton watches as
Trump gives a news briefing at the G7 summit in Charlevoix, Que., in
2018. (Leah Millis/Reuters)
"Trump didn't really like either Macron or Trudeau," Bolton
writes. "But he tolerated them, mockingly crossing swords with them in
meetings, kidding on the straight.
"I assume they understood
what he was doing, and they responded in kind, playing along because it
suited their interests not to be in a permanent tiff with the U.S.
president."
Inside that infamous G7 meeting
Bolton offers an insider account of one well-known flareup at the end of that G7 meeting.
The leaders were struggling to hammer out a closing communiqué at the conference.
At
one point, Bolton writes, Trump's then-chief of staff John Kelly called
for Bolton to join the prolonged haggling session — where the problems
in the meeting were quickly made clear.
Bolton writes the chief of staff walked out as he was walking in, saying, "This is a disaster."
Bolton
quickly concurred — he says Trump seemed tired, yet Macron and Trudeau
were aggressively pushing the president to accept policy provisions he
disagreed with.
G7 leaders huddle at the opening of the conference in Charlevoix in 2018. (PMO via REUTERS)
He says he couldn't tell if Trump was playing hardball with
them. But he did conclude the president had not prepared for the G7
meeting and didn't understand the issues.
Both the White House and Trudeau's office declined to comment on Bolton's book.
Another
official present at that G7 meeting told CBC News today that Bolton's
account is accurate, although the leaders' meeting itself was quite
cordial.
He did agree with Bolton that the U.S. president appeared to have arrived at the summit unaware of the issues.
Iran and climate change
And
he said Bolton was correct in his description of deep policy
disagreements at the summit — especially on the Iran nuclear deal and
climate change. After some compromises, both of those issues made it
into the communiqué in a watered-down form.
The
official also said Bolton himself pushed back against the idea of
referring to the importance of preserving the rules-based international
order in the communique.
Bolton writes that once the communiqué was drafted, "we were done with the G7, I thought."
That assumption proved to be premature.
The attack order on Trudeau
On
a subsequent flight to Asia to meet with the leader of North Korea,
Trump erupted in rage when he learned that Trudeau had once again
complained about the U.S. tariffs at the closing news conference.
Trump then fired off tweets withdrawing support for the G7 communiqué — an action Bolton describes as unprecedented.
He said the president woke up Secretary of State Mike Pompeo to "throw a fit" about Trudeau's closing press conference.
PM Justin Trudeau of Canada acted so meek and mild during our @G7 meetings only to give a news conference after I left saying that, “US Tariffs were kind of insulting” and he “will not be pushed around.” Very dishonest & weak. Our Tariffs are in response to his of 270% on dairy!
Bolton said he then spoke with White House economic adviser Larry Kudlow, who was scheduled to appear on Sunday TV talk shows.
"Trump's
direction [to Kudlow] was clear: Just go after Trudeau. Don't knock the
others. Trudeau's a 'behind your back guy,'" Bolton writes.
He says there was no doubt that Trump wanted Kudlow and fellow White House aide Peter Navarro to attack Trudeau.
Navarro also went on TV and said there was a "special place in hell" for Trudeau because of the way he treated Trump.
Tensions between the Canadian and American leaders have ebbed and flowed in the two years since that notorious meeting.
G7 leaders wait for Trump to join them for a family photo in Charlevoix, Que., on June 8, 2018. (Leah Millis/Reuters)
Eventually, U.S.
steel and aluminum tariffs were removed on Canada and Mexico. Kudlow,
meanwhile, has since told reporters that he and Trudeau shared a
friendly moment later in 2018 and patched things up at that year's G20
meeting in Argentina.
Bolton's dig at Chretien over Huawei
Bolton's
book also takes a quick dig at former prime minister Jean Chrétien. It
involves Chrétien's suggestion that Canada should free Huawei executive
Meng Wanzhou, in Canadian custody pending extradition to the U.S.
"Never a friend of the U.S., [Chrétien] was arguing that Canada should simply not abide by our extradition treaty," he writes.
"[Vice
President Mike] Pence, Pompeo and I all urged Canada to stand firm,
stressing we would support them every way we could, including directly
raising with China the mistreatment of Canadian citizens."
Alexander
Panetta is a Washington-based correspondent for CBC News who has
covered American politics and Canada-U.S. issues since 2013. He
previously worked in Ottawa, Quebec City and internationally, reporting
on politics, conflict, disaster and the Montreal Expos.
Meng Wanzhou's lawyers accuse U.S. of misleading court in extradition case
Misstatements of fact, omissions in case record should result in stay of proceedings, defence says
Jason Proctor · CBC News · Posted: Jun 15, 2020 2:16 PM PT
Huawei chief financial officer Meng Wanzhou is fighting extradition to
the United States on fraud charges. Her lawyers claim the U.S. record of
the case is flawed. (Ben Nelms/CBC)
Lawyers for Meng Wanzhou claim U.S. authorities are trying to
mislead the B.C. judge overseeing the Huawei executive's extradition
hearing by providing an outline of the case against her that is riddled
with holes and distortions.
Meng's defence team says the
allegations of "deliberate and/or reckless misstatements of fact and
material omissions" in the official record of the case are so serious
that the extradition proceedings should be tossed for an alleged
violation of the 48-year-old's charter rights.
The new
allegations were raised at a B.C. Supreme Court hearing held Monday to
chart the course of the high-profile case over the coming year.
In a 10-page case management memo, Meng's lawyers claim the
records — filed to justify the U.S. request to extradite the Huawei
chief financial officer on charges of fraud — are "so replete with
intentional or reckless error" that the only way to deal with them is a
stay of proceedings.
Accused of fraud
Meng is accused
of lying to an HSBC executive in Hong Kong in August 2013 about Huawei's
relationship with Skycom, a company prosecutors claim was violating
U.S. economic sanctions against Iran.
The U.S. claims Skycom was
actually a subsidiary of Huawei and that HSBC and other banks placed
themselves at risk of prosecution and financial loss by continuing to
provide financing to Huawei based on Meng's reassurances.
Meng, the daughter of Huawei's billionaire founder, has denied the allegations.
Meng is the daughter of Huawei founder Ren Zhengfei, seen here at the company headquarters in Shenzhen, China. (Aly Song/Reuters)
She was arrested at Vancouver's international airport on Dec.
1, 2018, on an extradition warrant after arriving from Hong Kong on her
way to Argentina.
Meng was released on $10 million bail and has
been living for the past year and a half under a form of house arrest in
one of two multi-million homes she owns on Vancouver's west side.
Associate
Chief Justice Heather Holmes dealt the defence a significant blow last
month by ruling that the proceedings should continue as the case met the
bar for so-called "double criminality" and that Meng's alleged offence
would be considered a crime had it happened in Canada.
Abuse of process
The
new accusations are the latest part of a defence strategy to argue that
Meng is the victim of an abuse of the legal process which violated her
rights.
Her defence plans to claim that she was a victim of
political interference by U.S. President Donald Trump, who indicated
shortly after Meng's arrest that he would intervene in the case if it
might result in a better trade deal with China.
And it also
plans to claim that the Canada Border Services Agency, the RCMP and the
Canadian Security Intelligence Service conspired with the U.S. Federal
Bureau of Investigation to mount a covert investigation against Meng
when she got off the plane.
Meng is accused of lying to an executive with HSBC in Hong
Kong in August 2013. But her lawyers say the record of the case doesn't
tell the whole story. (Bobby Yip/Reuters)
They have accused authorities of using the extraordinary powers
of border agents to detain Meng before she was officially arrested,
seizing her electronic goods, compelling her to give over the passwords
and questioning her without a lawyer about Huawei's activities in Iran.
The
Crown has filed both an original record of the case and a supplementary
record of the case as a means to explain the grounds for Meng's
extradition.
According
to Justice Canada, those records allow the requesting state to
summarize the evidence that would be available to prosecute someone if
they were extradited.
Misstatements and omissions
Meng's
lawyers claim the record provided before Holmes is incomplete on
several fronts, starting with the summary of the PowerPoint presentation
Meng is alleged to have given to the HSBC executive.
They say
prosecutors failed to mention that Meng told HSBC that Skycom worked
with Huawei in sales and service in Iran and that Huawei conducted
"normal business activities" in Iran and provided civilian
telecommunications activities.
The defence team says the
omissions show Meng gave the bank the facts it needed to assess the risk
of doing business with Huawei.
Meng poses for pictures with friends on the steps of the B.C. Supreme Court ahead of a crucial court loss in May. (Ben Nelms/CBC)
They also claim
that the record of the case says only "junior" HSBC employees knew about
the relationship between Huawei and Skycom when in fact "it is
inconceivable that any decision to modify or terminate HSBC's
relationship with Skycom or Huawei would not have been reviewed by the
most senior management at HSBC."
They also point to the fact
that HSBC had its own deferred prosecution agreement at the time with
the U.S. Department of Justice which saw the bank pay a $1.9 billion
fine for misconduct that included other violations of U.S. sanctions
against Iran.
As part of that deal, HSBC promised to adopt American anti-money laundering standards.
The
defence lawyers say that any potential violation of that agreement by a
client would have been addressed by the most senior people at HSBC, not
junior employees.
The defence team also accuses the U.S. of
claiming HSBC extended $900 million to Huawei following Meng's alleged
lies, when the bank's portion of that amount was actually $80 million.
They also say prosecutors failed to mention that Huawei never used the cash.
And
finally, Meng's lawyers claim that the record of the case is "highly
misleading" because it doesn't say that HSBC had the ability to process
some of the transactions in question without touching the U.S. banking
system — which is the grounds through which the U.S. claims
jurisdiction.
'Blistering' pace
The claims around
abuse of process were originally supposed to be heard in advance of a
hearing into the sufficiency of the evidence needed for Meng to be
extradited.
But
Holmes suggested that the new allegations about the record of the case
meant that she might need to hear arguments on the evidence itself
before she could make up her mind about any alleged abuse of process
connected to it.
The defence team said it preferred to stick to
the old plan, which one lawyer said it has been preparing for at a
"blistering" pace.
The
defence also said that if the allegations didn't lead to a stay,
it might lead to certain redactions from the record of the case, which
could alter the judge's understanding of the facts.
The current schedules under consideration include significant hearings to be held both this fall and next spring.
The lawyers will meet with the judge again next Tuesday to discuss the plans further.
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.
CSIS predicted Meng Wanzhou's arrest would cause 'shock waves' and trouble for Canada: court documents
Lawyers for Huawei executive claim security documents are proof authorities conspired against Meng
Jason Proctor · CBC News · Posted: Jun 12, 2020 12:13 PM PT
Huawei chief financial officer Meng Wanzhou poses for pictures ahead of a
loss in court in May. Newly released documents show the Canadian
Security Intelligence Service predicted 'shock waves' at her arrest on
Canadian soil. (Ben Nelms/CBC)
The Canadian Security Intelligence Service predicted Meng
Wanzhou's arrest in December 2018 would send "shock waves" around the
world and have significant consequences for Canada, according to newly
released federal court documents.
The heavily redacted report is
included in documents related to a federal court battle between
Canada's attorney general and Meng's defence team over the disclosure of
details which the government claims are privileged because of national
security concerns.
They
will form part of her claim that her arrest was an abuse of the legal
process, as she continues to await a hearing on her possible extradition
to the U.S.
The CSIS report, disclosed as part of Meng's extradition
proceedings, also shows CSIS got a heads-up from the U.S. Federal Bureau
of Investigation about her arrest on Dec. 1, 2018, at Vancouver
International Airport, saying "advanced communication to CSIS came from
the FBI." Lawyers for the Huawei executive claim those details
suggest authorities conspired against her.
"The arrest is likely
to send shock waves around the world and is certain to be a significant
bilateral (Canada/China; U.S./China) issue," the CSIS report says.
Offence considered crime in Canada
The
48-year-old chief financial officer was arrested on an extradition
warrant after arriving in Canada on a flight from Hong Kong. She was
supposed to be on a stopover to Mexico City, with an ultimate
destination of Argentina.
Meng, the daughter of Huawei's
billionaire founder Ren Zhengfei, is charged with fraud in the U.S. in
relation to allegations that she lied to an HSBC banker in Hong Kong in
2013 about the telecommunication giant's control of a company that was
in violation of U.S. economic sanctions against Iran.
Michael Spavor, left, and former Canadian diplomat Michael
Kovrig, right, have been in Chinese custody since the days after Meng's
arrest. CSIS documents appear to warn of consequences for Canada if it
made the arrest requested by the U.S. (The Associated Press/International Crisis Group/The Canadian Press)
Prosecutors claim that by relying on Meng's alleged lies, banks
put themselves at risk of prosecution and loss by handling Huawei's
finances in further violation of the U.S. sanctions.
Meng has denied any wrongdoing.
Last
month, she lost a key battle in the extradition process when a B.C.
Supreme Court judge ruled that the offence she is accused of would be
considered a crime in Canada. The decision on so-called double
criminality clears the way for Meng's extradition hearing to continue.
The
new federal court documents relate to the next stage of Meng's fight,
in which she intends to claim that her Charter rights were violated at
the time of her arrest.
Dates for hearings on an abuse of the legal process are likely to be set next week.
In
those hearings, Meng's lawyers say they will attempt to prove that
American and Canadian authorities conspired against their client to
conduct a "covert criminal investigation."
A still from a video of Meng taken during her first few
hours in CBSA custody. Defence lawyers claim her rights were violated
during this time. (Court proceedings)
The CSIS documents were released in response to an earlier set
of hearings in which Meng's lawyers were able to prove that there was an
"air of reality" to her claims.
The defence team claims that
although there was a warrant for Meng's "immediate" arrest, Canada
Border Services Agency officers held her for three hours before RCMP
took her into custody. During that time, they seized Meng's phones and
electronic devices, later giving the passcodes to RCMP in error.
Meng's
lawyers claim police took note of the electronic identification numbers
associated with Meng's phones and tablets. They say that passing that
information on to the FBI would be a violation of the Extradition Act.
The
CSIS report says "FBI will not be present" at Meng's arrest "in order
to avoid the perception of influence." Her lawyers claim that statement
and others are proof CSIS was "conscious of obscuring the involvement of
the FBI."
Prediction of trouble for Canadians in China
Another CSIS document written after Meng's arrest specifically notes the arrest of Canadians Kevin and Julia Garratt in China
following the 2014 arrest in Canada of Su Bin, a Chinese citizen and
B.C. resident who was accused of stealing U.S. military secrets through
hacking.
Su was extradited to the U.S. in 2016 and jailed for
nearly four years. The Garratts had lived in China for 30 years prior to
their arrest on unproven allegations of espionage. Julia Garratt spent
five months in jail before being released on bail. Kevin Garratt was
detained for more than two years.
In the days after Meng's
arrest, Chinese authorities detained two Canadians, former diplomat
Michael Kovrig and entrepreneur Michael Spavor.
Kevin Garratt embraces his wife Julia at the Vancouver
International Airport in 2016 after the couple spent more than two years
in Chinese custody, accused of spying. CSIS documents refer to their
case in relation to possible consequences for Meng Wanzhou's arrest. (James Zimmerman/CP/HO)
The two men have been in Chinese custody ever since, and have been accused by the Chinese of spying.
Canada
has called their detention arbitrary, and many experts see the move as
retribution for Meng's arrest on Canadian soil. Canada's foreign affairs
minister has said that securing the release of the two men is Canada's
top priority.
China has repeatedly called on Canada to release Meng and expressed anger about the case.
China has also taken steps to cut off Canadian exports of canola and meat in the wake of the extradition proceedings.
This
week, a federal court judge appointed Toronto lawyer Anil Kapoor as an
amicus curiae, or "friend of the court," who will be able to attend
court hearings related to arguments held out of public view over the
release of documents that could have national security implications.
Meng's
lawyers had argued for Kapoor's appointment, as the defence team will
not be allowed to attend the in-camera portions of the hearings. They
claim that having a third party whose job is to advise the court will
ensure that Meng's interests are met at the proceedings.
Meng
has been living under a form of house arrest since she was released on
$10 million bail in Vancouver. She owns two multimillion-dollar homes on
the city's west side and is trailed around the clock by security
guards.
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 loses key court battle as B.C. judge rules extradition bid should proceed
Associate Chief Justice Heather Holmes released her decision Wednesday morning
Jason Proctor · CBC News · Posted: May 27, 2020 4:00 AM PT
Huawei chief financial officer Meng Wanzhou leaves her home for B.C. Supreme Court in Vancouver on Wednesday morning. (Ben Nelms/CBC)
A B.C. Supreme Court judge has delivered a major blow to Meng
Wanzhou, ruling that extradition proceedings against the Huawei
executive should proceed.
In a widely anticipated decision on
so-called double criminality, Associate Chief Justice Heather Holmes
said the offence Meng is accused of by American prosecutors would be
considered a crime if it occurred in Canada.
The 48-year-old
chief financial officer of the telecommunications giant is charged with
fraud in the United States for allegedly deceiving banks into a possible
violation of U.S. economic sanctions against Iran.
In a 23-page ruling released Wednesday, Holmes said that the essence of Meng's alleged crime is fraud.
And
the fact that Canada doesn't have the same economic sanctions against
Iran as the U.S. wouldn't stop someone being prosecuted in Canada for
the same offence.
"Canada's law of fraud looks beyond international boundaries," Holmes wrote in her decision.
The Huawei chief financial officer has been living in one of
her Vancouver homes for the majority of the 18 months since her arrest. (Ben Nelms/CBC)
"Ms. Meng's approach to the double criminality analysis would
seriously limit Canada's ability to fulfil its international obligations
in the extradition context for fraud and other economic crimes."
Meng
appeared in court shortly after the public release of the decision,
showing no visible reaction to the loss. She wore a mask as she took her
place beside her defence lawyers in the courtroom.
WATCH | Meng Wanzhou leaves B.C. Supreme Court after the legal defeat on Wednesday
Huawei
CFO Meng Wanzhou lost a major court battle on May 27, 2020, as a B.C.
Supreme Court judge ruled extradition proceedings against her should
move ahead. 0:57
Extradition hearings to proceed
The executive was
arrested at Vancouver's airport in December 2018 on an extradition
warrant. She is accused of lying to an HSBC executive in Hong Kong about
Huawei's control of a company that was said to be violating U.S.
economic sanctions against Iran.
Prosecutors claim that Meng's
alleged lies put banks at risk of prosecution and loss because they
would be violating U.S. sanctions themselves in handling Huawei's
finances.
Meng has
denied the allegations against her. A statement from Huawei on
Wednesday said the company was "disappointed" in Holmes's ruling and
that her lawyers will continue to push for her freedom.
"Our
view is that this is an early step in what's likely to be a much longer
process for Meng Wanzhou here in Canada," said Alykhan Velshi, vice
president of corporate affairs of Huawei Canada.
"We're confident that Meng Wanzhou will be vindicated," Velshi told CBC News outside the courthouse.
Meng Wanzhou leaves B.C. Supreme Court after the court loss in Vancouver on Monday. (Ben Nelms/CBC)
The ruling does not necessarily mean that Meng will be extradited to the U.S.
The
judge still has to hold hearings to determine whether there is
sufficient evidence to warrant extradition, and Meng has also claimed
that her rights were violated at the time of her arrest.
Holmes
pointed out that Canada's minister of justice will also have a chance to
weigh in on whether a decision to commit Meng for extradition would be
contrary to Canadian values.
The ministry confirmed in a statement that extradition proceedings will go ahead "as expeditiously as possible."
'Beyond international boundaries'
The
decision Wednesday comes as a major setback to Meng, who is
the daughter of Huawei's billionaire founder Ren Zhengfei. On Saturday
night, she staged a photo shoot on the steps of the B.C. Supreme Court building in apparent anticipation of a victory.
Meng's
lawyers argued that the fact Canada does not have economic sanctions
against Iran meant her alleged actions would not have been considered a
crime in Canada because no bank would have suffered a loss in an
identical set of circumstances.
A group of supporters and media gathered at the foot of Meng
Wanzhou's driveway as she left her home for B.C. Supreme Court on
Monday morning. (Ben Nelms/CBC)
The Crown argued that Meng's alleged offence was fraud, pure and simple, which is a crime in both countries.
In
the ruling, Holmes wrestled with the question of whether a judge can
consider the effect of U.S. sanctions in coming to a decision, given
that she was supposed to be imagining a hypothetical version of the
events set in Canada.
But the judge said Meng's lawyers were trying to make the scope of her analysis too narrow.
"Canada's
law of fraud looks beyond international boundaries to encompass all the
relevant details that make up the factual matrix, including foreign
laws that may give meaning to some of the facts," Holmes said.
"The
offence of fraud has a vast potential scope. It may encompass a very
wide range of conduct, a large expanse of time, and acts, people and
consequences in multiple jurisdictions. Experience shows that many
fraudsters benefit in particular from international dealings through
which they can obscure their identity and the location of their
fraudulent gains."
Holmes also addressed Meng's lawyers' concern
that the offence would see Canada enforcing sanctions Canadians have
explicitly rejected.
She pointed out that economic sanctions are not as "fundamentally contrary" to Canadian values as something like slavery.
And
she said it would ultimately be the job of Justice Minister David
Lametti to decide whether surrendering Meng to the U.S. authorities
would be "unjust or oppressive."
'Continuous harm'
China has repeatedly expressed anger at Canada for arresting Meng.
The Chinese government has targeted Canadian canola and meat imports.
And
within days of Meng's arrest, authorities detained two Canadians who
were living and working in China, former diplomat Michael Kovrig and
entrepreneur Michael Spavor.
Meng poses with friends and family on the steps of the B.C.
Supreme Court building in downtown Vancouver days before a judge ruled
on her extradition case. (Ben Nelms/CBC)
Both men have been accused of spying and have been held in custody ever since.
Canadian
Foreign Affairs Minister François-Philippe Champagne said Wednesday
that Canada's "top priority" is securing the release of Kovrig and
Spavor as well as clemency for Canadians facing the death penalty in
China, including Robert Schellenberg.
"We will continue to advocate for their immediate release," Champagne tweeted.
Chinese Foreign Ministry spokesperson Zhao Lijian called for Meng's release once more on Tuesday, insisting the dispute was political, not legal.
"The
Canadian side should immediately correct its mistake, release Ms. Meng
and ensure her safe return to China at an early date so as to avoid any
continuous harm to China-Canada relations," Zhao said in a news
conference.
The U.S. Department of Justice released a statement
thanking the Canadian government for its "continued assistance" in the
case against Meng. Champagne's statement reiterated that Canada's
judiciary operates independently.
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.
'Right needs to be done': Meng Wanzhou's lawyers make final pitch to judge
B.C. Supreme Court judge reserves decision on Huawei executive's extradition
Jason Proctor · CBC News · Posted: Jan 23, 2020 1:29 PM PT
Meng Wanzhou walks in the rain en route to the final day of her
extradition hearing, in Vancouver on Thursday. The U.S. wants the Huawei
chief financial officer extradited on fraud charges. (Jonathan Hayward/The Canadian Press)
A lawyer for Meng Wanzhou made a final pitch against
extradition Thursday to the B.C. Supreme Court judge tasked with
weighing the Huawei executive's fate.
But Richard Peck told
Associate Chief Justice Heather Holmes that Meng's defence team was
asking for more than just a legal victory.
"This is the kind of case that tests our system," Peck said as he wrapped up his arguments.
"It's not so much for us a matter of standing here and saying we want to see justice done. We say right needs to be done."
Holmes
concluded the four-day hearing by thanking both defence and Crown
lawyers for their work and reserving her decision for a later date.
She gave no indication as to how long it might take.
Accused of lying to bank
Meng was arrested at Vancouver's airport on Dec. 1, 2018, on a stopover from Hong Kong to a conference in Argentina.
The
United States wants Meng extradited for allegedly lying to HSBC about
Huawei's control of a company accused of attempting to sell computer
equipment to an Iranian telecommunications company.
American
prosecutors argue the bank put itself at risk of fines, prosecution and
the loss of reputation by relying on Meng's alleged lie to continue
providing finance to the Chinese telecommunications giant.
Meng is living under house arrest in one of two multi-million dollar homes she owns in Vancouver.
As
part of a $10 million bail agreement, she wears a GPS monitoring
bracelet on her left ankle and is trailed everywhere by a team of
security guards.
This week's hearing — which marked the first
formal stage of the extradition process — was held to determine if
Meng's alleged conduct would amount to a crime if it had happened in
Canada at the time the U.S. gave Canada the authority to proceed with
the extradition: the principle of so-called "double criminality."
Meng listens as her lawyer, Richard Peck, makes a final
pitch for her freedom to Associate Chief Justice Heather Holmes in B.C.
Supreme Court. (Jane Wolsak/The Canadian Press)
'This is an oxymoron'
Meng's lawyers spent the first
two days arguing that the whole case comes down to economic sanctions
the U.S. reimposed against Iran in 2018 when it left an international
deal meant to stall the Islamic republic's nuclear ambitions.
Canada
doesn't have those same sanctions and so, the defence claims, Meng's
alleged lies would be harmless north of the border because a bank in
Canada wouldn't risk anything by dealing with a company that did
business in Iran.
The Crown then spent half a day arguing the
case was one of fraud, plain and simple, and that the issue of sanctions
was essentially a red herring.
Crown lawyer Robert Frater said the central elements of fraud are a misrepresentation resulting in risk of loss.
Meng displays her GPS ankle monitoring bracelet as she arrives at court. (Ben Nelms/CBC)
And if the
existence of foreign sanctions came into Holmes' decision, he said it
should be as a means to understand the context of the risks that HSBC
would be taking by providing finance to a company on the wrong side of
U.S. law.
Peck and co-counsel Scott Fenton provided a brief
reply to the Crown's arguments Thursday, taking issue with Frater's
contention that fraud and risk of deprivation could still occur "where
there is no possibility of loss."
"This is an oxymoron," Fenton told the judge. "No possibility of risk means no loss at all."
They
also told Holmes that she could consider the value of the Charter of
Rights and Freedoms in making her decision — a response to the Crown's
contention that weighing concerns about values associated with sanctions
law was a concern for the minister of justice, not a B.C. Supreme Court
judge.
'It's unique .. it's a pose'
Both the Crown and the defence say the case is unique. But as to why, they disagree.
"It's unique because in our submission, it's a pose," Peck told Holmes.
"It
is a pose or posture where fraud is being tendered as the essence [of
the alleged conduct] and, in fact, sanctions busting or sanctions
violations is the essence ... It's unique because our standards have
changed with respect to this very issue. It's extraordinary in that
sense."
Holmes
allowed Meng to move out of the prisoner's dock in the high-security
courtroom where the hearing was held so that she could sit alongside her
counsel and follow the arguments through a translator.
If
Holmes decides the bar of double-criminality is not met, then the
extradition proceedings will come to an end and Meng would be free to
return to China, barring an appeal.
But if the Crown is
successful, further court dates have been set in June for Meng to argue
that she is being used as a political pawn and that her rights were
violated at the time of her detention and arrest.
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.
Pompeo backs Canada on 'coercive detentions' of Canadians in China
U.S. secretary of state expresses support for Canada after phone call with foreign minister
The Canadian Press · Posted: Dec 24, 2019 1:54 PM ET
Secretary
of State Mike Pompeo departs an event at the State Department in
Washington on December 19, 2019. (Matt Rourke/The Associated Press)
U.S. Secretary of State Mike Pompeo says his country is
sticking with Canada in fighting what he calls China's "coercive
detentions of Canadian citizens."
Pompeo and Foreign Affairs
Minister François-Philippe Champagne spoke Monday about a range of
global concerns, including China, the ongoing crisis in Venezuela and
the United States' upcoming presidency of the G7 group of countries with
large economies.
Champagne said it was "a very productive call."
Relations strained
Canadian
diplomat Michael Kovrig and entrepreneur Michael Spavor were picked up
days after Canada arrested Chinese tech executive Meng Wanzhou on a U.S.
extradition warrant related to charges of bank fraud.
Canada has had no luck so far in pressing for their release.
"The
United States stands with Canada in calling on Beijing for the
immediate release of the two men and rejects the use of these
unjustified detentions to coerce Canada," said a statement from Morgan
Ortagus, a spokesperson for the U.S. State Department.
Under
President Donald Trump, the United States and China have been in a
deepening spiral of tariffs and counter-tariffs on each other's goods,
which Trump has said he hopes will end with a major new trade deal that
will see China import more American products.
Prime Minister
Justin Trudeau has said he's asked the U.S. not to sign a new trade
agreement with Beijing until the Canadians are freed.
War of words
China's
attitude toward the United States has grown increasingly belligerent.
In a regular news conference at China's foreign ministry this week,
spokesman Geng Shuang took aim at the U.S. over several issues,
including the weaponization of space and humanitarian aid in Syria.
For
instance, Pompeo had criticized Russia and China for voting against a
UN Security Council resolution on Syria — a move Champagne called
disappointing in a statement on Sunday.
Geng said the crisis in Syria is ultimately the Americans' fault.
"The
world sees clearly who keeps lying with hearts full of hypocrisy and
blood on their hands," Geng said, according to a transcript posted in
English on the foreign-ministry website. "It is they who should repent."
Trudeau's plea to U.S. to secure detained Canadians' release 'doomed to fail,' China says
Chinese foreign ministry says Canada's move amounts to 'ganging up on China'
Raisa Patel · CBC News · Posted: Dec 20, 2019 11:54 AM ET
Chinese Foreign Ministry spokesman Geng Shuang criticized Canada's appeal to the U.S in a Dec. 20 media briefing. (The Associated Press)
Prime Minister Justin Trudeau's appeal to the U.S. to help
secure the freedom of Michael Kovrig and Michael Spavor is "a waste of
time" and "doomed to fail," China's foreign ministry said Friday.
Ministry
spokesman Geng Shuang delivered the remarks at a media briefing one day
after Trudeau urged Washington to delay finalizing a trade deal with
China until the detained Canadians have been released.
"If you
pull chestnuts out of the fire for others, you will end up being the one
getting burned," Geng said. He wouldn't clarify whether the comment was
a direct threat aimed at Canada.
Trudeau told TVA's Salut Bonjour program Thursday that his government asked the Trump administration to hit pause on signing a final trade agreement.
Had a very good talk with President Xi of China concerning our giant Trade Deal. China has already started large scale purchaes of agricultural product & more. Formal signing being arranged. Also talked about North Korea, where we are working with China, & Hong Kong (progress!).
The Prime Minister's Office said in a statement Friday that it
had "nothing to add" regarding whether Trudeau had received any kind of
commitment from the Trump administration.
"You
will recall that the U.S., along with other allies, raised the cases of
our detainees both publicly and privately," the statement says.
Foreign
Affairs Minister François-Philippe Champagne said that Canada takes
instruction from no other country when it comes to foreign policy.
"The
only one who [is] going to dictate the foreign policy of Canada is the
Government of Canada," he said in an interview with CBC Radio's The House, airing Saturday.
'I hope that Mr. Trump would think twice': Guy Saint-Jacques
According
to former Canadian ambassador to China Guy Saint-Jacques, it would be
in the Trump administration's best interest to intervene on Canada's
behalf.
"I think they would run the risk of being alone
themselves, because countries would say, 'Why would we help you after
what we have seen what you did to the Canadians?'" Saint-Jacques said.
"I hope that Mr. Trump would think twice."
The
former ambassador said Trudeau's request of the U.S. government is in
line with Canada's actions since relations with China began to fray late
last year.
"The campaign that Canada has followed since the start of this crisis to seek support from allies ... has had success," he said.
As
for China's comments, Saint-Jacques said that they "reflect the new
Chinese diplomatic style, which is more in your face than trying to save
face. It shows that the relationship is not very good."
Kovrig, Spavor now facing trial
Earlier
this month, China transferred Spavor and Kovrig's cases to
prosecutorial authorities for investigation and prosecution. The two
will now go to trial on charges connected to national security.
Kovrig's
case is related to allegations of "covertly gathering state secrets and
intelligence for foreign sources," Chinese Foreign Ministry
spokesperson Hua Chunying said Dec. 10.
Spavor's case involves allegations of "stealing and illegally providing state secrets to foreign forces."
Conservative
foreign affairs critic Erin O'Toole has tabled a motion to strike a
special committee calling it an "all party approach" to conduct hearings
to review the Canada-China relationship. 0:37
Kovrig and Spavor
have been detained for more than a year. They were taken by Chinese
authorities days after Huawei executive Meng Wanzhou was arrested in
Canada at the request of the U.S.
The federal government said
the men only have limited access to consular assistance and have not had
contact with lawyers or family members.
With files from the CBC's Philip Ling, Catherine Cullen and Kathleen Harris
RCMP gave FBI serial numbers, other details about Meng Wanzhou’s phones: Defence
Author of the article:
Laura Kane • The Canadian Press
Publishing date:
Oct 03, 2019
Huawei CFO Meng Wanzhou, centre.DARRYL DYCK / THE CANADIAN PRESS
A lawyer for Huawei Technologies executive Meng Wanzhou says the RCMP
illegally passed on serial numbers and other crucial details of her
electronic devices to the FBI, but the Crown denies the allegation.
Scott
Fenton said Mounties provided information that enables U.S. authorities
to find out calls made and received, phone numbers, time and duration
of calls and the physical location of cell towers where calls were
connected.
“This is a very serious matter,” Fenton told a B.C. Supreme Court
judge Thursday. “The provision of this technical information is a
gateway to U.S. law enforcement taking other investigative steps … to
get other information to use against Ms. Meng.”
Meng’s lawyers are
in court seeking documents that they believe would prove allegations
that American and Canadian officials conspired to conduct a “covert
criminal investigation” at Vancouver’s airport. The U.S. is seeking her
extradition on fraud charges linked to alleged violations of sanctions
against Iran, which Meng and Huawei deny. She was arrested during a
stopover at the airport on Dec. 1, 2018.
A lawyer for the Canadian government told the judge it’s simply not
true that the RCMP forwarded details about Meng’s phones, laptop, tablet
or any other devices to the FBI.
“My friend says it’s a very serious allegation and we believe it’s not a fact,” said Robert Frater.
Fenton
replied that his assertion was based on an RCMP officer’s notes, which
say a staff sergeant emailed an FBI liaison the devices’ serial numbers,
SIM card numbers and international mobile-equipment identity numbers.
The identity numbers allow U.S. authorities to learn significant
information about call history, the defence said.
After a break, Frater produced two emails from the staff sergeant in
which he said he did not provide the information to the FBI. He also
proposed that the judge direct the Crown to produce documents from five
RCMP officers on the topic.
However, the defence insisted that the new evidence from the staff sergeant was merely “hearsay.”
“We have grave concerns that this information is not correct,” Fenton said.
Justice
Heather Holmes directed the Crown to obtain affidavits from the five
officers by next Wednesday. The defence will then have until Oct. 16 to
respond and decide whether it wants to apply to cross-examine the
officers.
The judge reserved her decision on the defence’s overall application for disclosure.
While
the devices were ultimately not passed on to the FBI, Fenton told the
court that the original plan was for the U.S. agency to acquire them.
After
a morning meeting of RCMP and CBSA officers on Dec. 1, a Mountie wrote
in her notes that the border guards would obtain Meng’s phones “as per
FBI request.”
The Crown has said a forensic examination showed
that neither the CBSA nor the RCMP searched the devices. But Fenton said
the exam did show that on Dec. 4 several devices were turned on and at
least one was connected to the internet.
That was the same day that the RCMP officer’s notes said the device
details were passed on to the FBI, and another officer wrote that he had
photographed the devices and removed the SIM cards, Fenton said.
The RCMP violated the Extradition Act when it provided this information to the FBI, he argued.
The
FBI has since dropped its request for the devices, but Fenton described
that decision as “an effort at damage control” and added the agency may
have already gleaned significant information from the items.
“A reasonable inference may be made that they don’t want the devices anymore because they don’t need them,” he said.
Fenton also criticized the Crown for its recent admission that border guards “mistakenly” provided Meng’s passcodes to the RCMP.
The
defence argues that a plan was hatched during the morning meeting on
Dec. 1 to have border guards interrogate Meng before the RCMP executed
the provisional arrest warrant, robbing her of her right to a lawyer or
silence.
The court heard CBSA seized her devices and wrote down
the passcodes on a piece of paper, both of which they passed to the RCMP
at the time of her arrest.
Fenton questioned why handing over the
passcodes was being described as a mistake, but not providing the
devices. He argued that none of what unfolded was an accident.
“To describe this as an error is to mischaracterize the seriousness
of all of the conduct,” he said. “All of the conduct was purposeful and
taken in furtherance of the plan that was set that morning.”
He
also argued that a border guard’s interview of Meng was inappropriate
and crossed into the realm of evidence-gathering. The officer didn’t
tell Meng she was facing an arrest warrant but asked her about Huawei’s
business in Iran.
In addition to seeking document disclosure, the
defence has also suggested a stay-of-proceedings. The Crown has said
there’s no evidence that would justify such a draconian measure, but
Fenton disagreed.
“You have powerful evidence pointing to an air
of reality that the remedy for these cumulative abuses of law, that also
involve multiple serious violations of Ms. Meng’s constitutional
rights, would justify a stay of proceedings,” he said.
The arrest
of Meng, who is Huawei’s chief financial officer and the daughter of its
founder Ren Zhengfei, sparked a diplomatic crisis between Canada and
China. Her extradition trial is scheduled to begin in January.
'Inferences' and 'absence of evidence' dog Meng Wanzhou hearing as Crown fights conspiracy theory
Crown draws on case of 'Bambi' Bembenek as example of immigration officials doing their duty
Jason Proctor · CBC News · Posted: Oct 02, 2019 5:39 PM PT |
Huawei chief financial officer Meng Wanzhou holds her phone as she heads
into B.C. Supreme Court. Passcodes to Meng's phones are now at the
centre of arguments that authorities conspired against her. (Darryl Dyck/The Canadian Press)
It's one error. But does it point to a greater pattern?
A
B.C. Supreme Court judge pondered the importance of a Canada Border
Services Agency mistake Wednesday as she tried to decide how the
misstep might fit into a conspiracy theory alleged
by Meng Wanzhou's lawyers.
Associate Chief Justice Heather
Holmes repeatedly interrupted a lawyer for the Crown as he tried to
minimize the significance of border officers giving
the Huawei executive's phone passcodes to RCMP in error.
The mistake first emerged as an issue on Tuesday.
Meng's lawyers
claim the CBSA and RCMP conspired with the FBI to "trick" Meng into
volunteering information during a customs examination before she was
officially arrested after landing at Vancouver's airport in December
2018.
Crown attorney John Gibb-Carsley said the passcode mistake
needed to be viewed in the context of a larger set of events during
which Canadian authorities acted entirely appropriately.
"I'm
reminded of the old adage: 'Never let the truth get in the way of a good
story,'" Gibb-Carsley told Holmes as he wrapped up the Crown's case.
The problem with the defence's theory of the case, he said: "The truth gets in the way of their story."
Alleged U.S. sanctions violation
Meng's
lawyers want Holmes to order the disclosure of a wide variety of
documents and records they believe will bolster an argument that Meng's
rights were violated in the hours prior to her arrest.
The 47-year-old is facing possible extradition to the United States for allegedly violating U.S. sanctions against Iran.
This phone is one of two seized from Meng when she landed at
Vancouver's airport in December 2018. CBSA officers asked her for the
passcodes and later passed the codes on to RCMP. (B.C. Supreme Court)
She's accused of lying to banks about the nature of Huawei's
relationship with a company in Tehran that was attempting to sell U.S.
telecommunications equipment in violation of American sanctions.
Huawei claimed the company, Skycom, was a "local partner." But U.S. prosecutors claim the firm was actually a hidden subsidiary.
Sitting
alongside her counsel, Meng has listened intently to arguments put
forward by both defence and lawyers for Canada's attorney general.
But the issue of the phone passcodes has proven thorny.
'Inferences from absences'
Border
officers seized the phones along with Meng's laptop and tablet when she
emerged onto the jetway after flying into YVR from Hong Kong.
The
FBI had suggested to RCMP the previous day that the devices be placed
in Mylar bags to prevent them from being remotely wiped.
The
Crown has argued that the border officers were just doing their job in
determining if Meng was admissible to Canada. They say no one has ever
actually searched the phones, which the FBI no longer even want.
CBSA officers asked Meng for the passcodes for her phones
when they seized her electronic devices. They later passed those codes
in error to the RCMP. (B.C. Supreme Court)
But as she considered the facts, Holmes kept returning to the phones.
If
the FBI didn't ask the CBSA to seize them, and the CBSA officers were
supposedly acting independently, why were the Mylar bags used?
And
if the border agents claim that they got the passcodes as part of the
process of examining Meng's goods for evidence of criminality, why
didn't they search them?
"We're in a situation where we're being asked to draw inferences from absences," Holmes told Gibb-Carsley.
"Since
we're in the land of inferences because of the absence of evidence ...
we have the fact that the passcodes were given along with the devices
that CBSA took on the jetway and put in Mylar bags, and we have the fact
that the U.S. request was for exactly that."
From Meng to Bambi
In
making their case, the Crown lawyers also drew on precedent set by one
of Canada's most colourful fugitives — Lawrencia 'Bambi' Bembenek, a
former Playboy Bunny and police officer who fled north in 1990 after
escaping the U.S. prison where she was serving time for killing her
husband's ex-wife.
In that case, Canadian immigration officials were accused of using deportation proceedings as a disguised form of extradition.
Lawrencia 'Bambi' Bembenek was a famous fugitive who
returned to the U.S. after capture in Canada. While she was here, she
set a legal precedent cited by Crown attorneys who are fighting Meng
Wanzhou. (The Canadian Press)
Likewise, Meng's
lawyers claim that the CBSA search and questioning of Meng was just a
pretence for a "covert criminal investigation."
In the Bembenek
case, a judge found that immigration officials were acting in good faith
in their efforts to deport a convicted killer.
Gibb-Carsley said the officers who dealt with Meng also had a legitimate purpose in guarding the border.
Like
Meng, Bembenek's arrest in Canada drew media from around the world,
resulting in a cottage industry of Run Bambi Run T-shirts and at least
one TV movie, starring Tatum O'Neal.
But the similarities end there.
After fighting extradition, Bembenek returned to Wisconsin willingly in 1992.
Her
original conviction was set aside when mistakes were found in the
investigation. She pleaded no contest to second degree murder and was
released on probation.
Bembenek moved to Washington state in the late 1990s to be with her parents.
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.
Border officers mistakenly gave RCMP passcodes to Meng Wanzhou's phone
Crown lawyers say mistake should not render arrest of Huawei CFO 'a sham'
Jason Proctor · CBC News · Posted: Oct 01, 2019 7:18 PM PT
Huawei chief financial officer Meng Wanzhou leaves her Vancouver home en
route to court Tuesday. She wore a Chinese flag pin as China marked the
70th anniversary of Communist rule. (Darryl Dyck/The Canadian Press)
Canada Border Services Agency officers who seized Meng
Wanzhou's phones, laptop and tablet when she arrived at Vancouver's
airport in December 2018 later mistakenly gave the phone passcodes to
the RCMP.
Lawyers for Canada's attorney general admitted the
error in B.C. Supreme Court on Tuesday as they tried to shoot down a
theory that the CBSA and RCMP had conspired to violate the Huawei chief
financial officer's rights at the time of her arrest.
Meng's
lawyers claim the agencies acted at the behest of the RCMP to conduct a
"covert criminal investigation" against their client.
But Crown lawyer Diba Majzub told B.C. Supreme Court Associate
Chief Justice Heather Holmes that one error doesn't prove a larger
conspiracy.
"When we consider this part of the process, and the
fact that there was an error — that has to be looked at in the entire
context," said Majzub.
"The fact of an error in the process is not an air of reality that the process was a sham."
Accused of violating U.S. sanctions
The
Crown has spent the past two days refuting the defence allegation that
Meng was the victim of an abuse of process when she was screened and
questioned by CBSA officers before being officially arrested on an
extradition warrant.
American prosecutors want the 47-year-old
sent to the U.S. to stand trial for allegedly violating U.S. sanctions
against Iran by lying to banks about Huawei's control of a hidden
subsidiary.
CBSA officers asked Meng for the passcodes for her phones
when they seized her electronic devices. They later passed those codes
in error to the RCMP. (B.C. Supreme Court)
he company — which Huawei claimed was a "local partner" in
Tehran — was accused of attempting to sell American telecommunications
equipment in violation of the U.S. regulations.
Prosecutors claim Meng's alleged misrepresentations placed financial institutions at risk of breaking the law.
Meng is living under house arrest in a multimillion dollar home on Vancouver's West Side; she has denied the allegations.
Law allows CBSA to seize and search phones
Meng's
extradition hearing is set to begin in January 2020, but this week her
lawyers are trying to convince Holmes to issue an order for records
to bolster their abuse of process claim.
The Crown has said the
CBSA and RCMP acted appropriately, making sure that Meng was screened
for admissibility before she was arrested.
CBSA officers seized Meng Wanzhou's laptop along with her
phones and other electronic devices. Crown lawyers claim they were
within their rights to do so. (B.C. Supreme Court)
Majzub argued that the law allows border officers to take
phones from travellers, ask them for the passcodes and even to search
them — all in the name of deciding if someone should be allowed into the
country.
He said CBSA officers had legitimate reason to
question Meng and to take her electronic devices because of the
existence of fraud allegations which suggested she might be ineligible
because of serious criminality.
Majzub
said the law allows CBSA officers to search all "goods" crossing the
border with travellers — and that the definition of "goods" includes
cellphones.
'They did not access the devices'
Meng was
carrying an iPhone 7 Plus, an IPad Pro, a Macbook Air and a Huawei Mate
20 phone when CBSA officers met her on the jetway after she landed in
Vancouver on arrival from Hong Kong.
According to the defence,
the FBI had asked that the devices be immediately seized and placed in
special bags designed to ensure that their contents could not be
remotely wiped.
Meng Wanzhou is flanked by security guards as she heads to
B.C. Supreme Court in Vancouver. The terms of her bail require 24/7
monitoring. (Darryl Dyck/Canadian Press)
The CBSA officers who took the phones also compelled Meng to give them the passcodes.
The Crown lawyers claim the devices have never been searched, but were passed to police by mistake.
In
an email included in an affidavit filed with the court, Vancouver
airport CBSA chief of passenger operations Nicole Goodman said she wrote
to the RCMP after learning of the error.
"I
advised the RCMP the passcodes should not have been provided by CBSA as
the passcodes were CBSA information obtained during the CBSA
examination, and that the passcodes could not be used to access the
devices nor shared with a third party (ie. other law enforcement
agency)," Goodman wrote.
"The RCMP confirmed they did not access
the devices, and do not intend to access the devices at any time as it
was not their investigation."
'Not a deliberate action'
In
order to reach a decision, Holmes has to decide whether there is an
"air of reality" to the theory the defence has put forward — not whether
a conspiracy actually exists.
Holmes asked Majzub what he had to say about the fact the passcodes were passed between the agencies.
He
asked her to consider the extraordinary powers of the CBSA and their
duties to screen passengers thoroughly, suggesting that any mistake
considered out of context can be misleading.
"When Your Ladyship
does that, the result should be the conclusion that that was not a
deliberate action but an error," Mazjub said.
Meng
has attended the proceedings in person, walking past a phalanx of
cameras daily as she leaves her home to head to the downtown courthouse
each morning.
According
to the court documents, Meng owns homes in both Hong Kong, where
protestors have been marching against authoritarian rule, and in
Shenzhen in Mainland China, where Huawei has its headquarters.
As
China marked the 70th anniversary of Communist rule with a show of
force, Meng wore a Chinese flag pin on a long red dress which hung just
above the ankle monitor she wears as part of her release.
The court proceedings are expected to last all week.
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 chief financial officer Meng Wanzhou attends a court hearing in
downtown Vancouver, aimed at bolstering her legal team's assertion that
Canadian and U.S. authorities violated her rights. (Darryl Dyck/Canadian Press)
A Crown lawyer delivered a withering attack Monday on attempts
by what he called Meng Wanzhou's "legal dream team" to prove she was the
victim of a conspiracy between Canadian and U.S. authorities.
Robert Frater promised
B.C. Supreme Court Associate Chief Justice Heather Holmes a "reality
check" on a defence theory that the Canada Border Services Agency (CBSA)
and RCMP officers conspired to violate the Huawei executive's rights.
Meng's
lawyers claim the agencies plotted with the FBI to conduct a covert
investigation using the CBSA's "extraordinary powers" to detain and
question her for three hours before she was actually arrested last
December.
But Frater said the behaviour is "not at all sinister" if viewed in the proper context.
He then went on to refute — one by one — the 16-point argument Meng's lawyers made the week before.
"With respect, 16 nothings do not make an anything," Frater said at one point. "Much less a something."
'That's what they have — a nothing'
The
U.S. wants to extradite Meng for allegedly lying to banks
about Huawei's relationship with a hidden subsidiary that attempted to
sell U.S. telecommunications equipment in Tehran.
Prosecutors
claim Meng's alleged misrepresentations put financial institutions at
risk of violating U.S. sanctions meant to isolate Iran from the global
community.
Meng has denied the allegations and plans to fight extradition at a hearing that starts in January.
This
week's proceedings relate to a separate but related process in which
Meng's lawyers will attempt to argue that the way she was treated at the
airport amounts to an abuse of process.
They want Holmes to order the Crown to disclose documents they believe will help them make their case.
The legal bar for success in the hearing is for the defence to establish "an air of reality" to their claims.
Frater argued that they have failed to do that.
"If
it were an investigation, it produced paltry results," Frater
said. "You can't get to an air of reality from a nothing. And that's
what they have — a nothing."
Meng, who is out on bail and remains under partial house arrest, wears an electronic monitoring bracelet. (Darryl Dyck/The Canadian Press)
'Resplendent in their ordinariness'
Frater pointed to
the fact that RCMP officers kept notes of their attendance at a meeting
with their CBSA counterparts before Meng's arrival at Vancouver
International Airport on Dec. 1.
"As
a coverup, it's a complete failure when four of the participants in the
coverup are noting their presence at the meeting," he said.
Frater repeatedly
mocked the dramatic overtones of the defence's accusations, calling
their revelations "astonishing stuff," "nefarious stuff" and "pedestrian
stuff."
A still from a video of Meng filed as part of a defence
application for access to documents. The video was taken during her
first few hours in custody. (Court proceedings)
If anything, he said, videos of Meng going through secondary
inspection revealed just how "mundane" her treatment actually was: "They
were resplendent in their ordinariness."
But the judge
repeatedly interrupted Frater, asking him why Meng was questioned and
searched by CBSA officers before the RCMP took her into custody, despite
a warrant that called for her "immediate" arrest.
Frater said "immediate" didn't mean border officers didn't have to execute their duties.
"They
did it immediately," he said. "As soon as the CBSA had asked their
questions about a person presenting themselves at the border."
'Routine customs questions'?
A
CBSA officer asked Meng questions about Huawei's business with the U.S.
and the company's activities in Iran; Holmes asked Frater what she
should make of that.
"These don't appear to be routine customs questions," the judge said.
Meng leaves the B.C. Supreme Court on Monday. (Ben Nelms/CBC)
Holmes also asked
Frater what would have happened if Meng had admitted to violating U.S.
sanctions against Iran and lying to banks. Would customs officials have
turned her away?
"It's actually quite a complex question," Frater replied, promising to come back to the issue later in the week.
The
Crown lawyers also insisted that they have gone above and beyond the
call of duty in providing Meng's legal team with records surrounding her
arrest and that anything more is simply a "fishing" expedition.
'Maybe even the pebbles'
Frater said they even filed new documents with the court after last week's proceedings, in a bid to be forthcoming.
The
latest set of records include the notes of a former RCMP staff
sergeant, written on Dec. 4 — three days after Meng's arrest, but before
her bail hearing — contemplating what might happen if she was released.
"What could RCMP/CBSA do if she went to Chinese consulate, then to private airport?" the note reads.
"If no grounds, she is hidden, we could not act. Do you have electronic monitoring for people on bail?"
Meng has been in court every day for the two week hearing, sitting at a table alongside her counsel.
She
sported a white designer dress suit Monday, Jimmy Choo pumps and the
GPS ankle monitoring bracelet she has to wear as part of a $10 million
bail agreement that sees her movement limited to exclude access to the
airport.
Frater wrapped up his arguments with a rhetorical flourish.
"Ms. Meng has received an extraordinary level of disclosure," he said.
"She
has been assisted by a legal dream team of five lawyers who have left
no stone unturned. Maybe even the pebbles under the stones they've
looked into as well ..."
But Holmes cut him off. She said she wanted to hear more about the law.
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.
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.
Philip Nicholson 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?
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?
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.
Beijing suggests its snub of Canada will continue until Meng Wanzhou is released
Freeland dismisses idea of dropping extradition, says it would set a 'very dangerous precedent'
Philip Ling · CBC News · Posted: Jun 13, 2019 12:00 PM ET
Chinese President Xi Jinping shakes hands with Prime Minister Justin
Trudeau during the G20 Summit in Hangzhou, Zhejiang province, China,
Sept. 4, 2016. (Damir Sagolj/Reuters)
The spiraling diplomatic row between Ottawa and Beijing "lies
entirely with Canada," the Chinese foreign ministry said Thursday —
suggesting for the first time that its leadership won't speak with Prime
Minister Justin Trudeau until Canada drops extradition proceedings
against a Chinese telecom executive.
CBC News reported Wednesday
that Beijing ignored a personal attempt by Trudeau earlier this year to
arrange a conversation with China's premier in order to intervene on
behalf of Canadians detained in China. Trudeau's office confirms that
the prime minister requested the meeting, but China ignored and ultimately rejected his request.
Foreign
Minister Chrystia Freeland told CBC Radio last month she also sought a
meeting with her Chinese counterpart, Wang Yi, but was unsuccessful.
"What I can tell you is that the current setback China-Canada
relations face are entirely caused by the Canadian side itself, and the
responsibility lies entirely with Canada, too," said Chinese foreign
ministry spokesperson Geng Shuang, when asked whether the two rejections
signal a diplomatic freeze between the two countries.
"We hope
that Canada will take seriously our severe concerns and immediately
release Ms. Meng Wanzhou, and actively take substantial measures to push
China-Canada relations back on track as soon as possible."
Meng Wanzhou arrives at her home after attending court in Vancouver, British Columbia on Wednesday, May 8, 2019. (Ben Nelms/CBC)
This is the first overt link China has drawn between the
diplomatic cold shoulder it's giving Canada and its demand that Huawei
chief financial officer Meng Wanzhou be released from Canadian custody.
The
RCMP apprehended Meng on Dec. 1 while she was changing planes in
Vancouver, in response to a request from the United States for her
extradition to face charges of fraud and violating international
sanctions against Iran. She has been released on bail and is living in a
multimillion-dollar Vancouver home in advance of her extradition
hearing.
That same month, two Canadians — businessman Michael
Spavor and former diplomat Michael Kovrig — were detained in China, a
move widely seen as retaliation for Meng's arrest.
Former
Canadian ambassador to China David Mulroney predicts there "won't be a
resolution" to the current chill unless Meng is released.
"The
Chinese have been very successful in creating the impression ... that a
call or a meeting with one of their leaders is something that's good in
itself, it's something that you should pay for in diplomatic terms,
just to have the conversation," Mulroney told CBC News Network's Power
& Politics on Wednesday.
"I think what they're doing is
raising the pressure on the prime minister and communicating very subtly
that until he has something to offer — namely, Madame Meng Wanzhou —
he's not going to have a conversation. They're just going to let the
pressure build."
The Liberal government has been under increasing pressure,
particularly from the opposition Conservatives, to reach out to the
Chinese leadership.
Freeland has made it no secret that she repeatedly tried and
failed to get a meeting with her counterpart, Chinese Foreign Minister
Wang Yi.
"If Chinese officials are listening to us today, let me
repeat that I would be very, very keen to meet with Minister Wang Yi or
to speak with him over the phone at the earliest opportunity," she said on CBC Radio last month.
The
prime minister has said he was considering "engaging directly" with
Chinese President Xi Jinping as tensions between Canada and China
continue.
"The
opportunity to engage with the Chinese president directly is certainly
something that we are looking at," Trudeau said June 6, citing the G20
Summit in Osaka, Japan later this month.
PM
Justin Trudeau says he hopes that there will be an opportunity to engage
with Chinese President Xi at the upcoming G20 meetings to discuss the
ongoing dispute with that country. 0:55
Former prime
minister Jean Chrétien has floated the idea of Ottawa cancelling Meng's
extradition as way to thaw out hostile relations with China, the Globe and Mail reported Thursday.
Doing
so would be an unprecedented act for a Canadian justice minister,
according to a secret memo written to the prime minister shortly after
Meng's arrest, obtained under access to information law by CBC News.
"There
are no examples of the Minister (of Justice) discharging a case for
political or diplomatic reasons," wrote Greta Bossenmaier, Trudeau's
national security and intelligence adviser, on Dec. 17.
Speaking
to reporters at the Canadian embassy in Washington today,
Freeland carefully dismissed the idea of dropping Meng's extradition
case, saying it would set a "very dangerous precedent" for Canada to
"alter its behaviour when it comes to honouring an extradition treaty in
response to external pressure."
"We could easily find ourselves
in a situation where, by acting in a single specific case, we could
actually make all Canadians around the world less safe," she said. "And
that is a responsibility I take very seriously.
"When it comes
to Ms. Meng, there has been no political interference. This has been
entirely about officials taking decisions according to Canada's
commitments, and that is the right way for extradition requests to
proceed."
Last week, Chrétien said he is willing to go to China
to negotiate an end to Canada's diplomatic impasse with Beijing if
Trudeau asks him.
Chrétien willing to visit China to talk trade and negotiate for the release of detainees: spokesperson
Former PM Mulroney floated the idea that Chrétien would be the best go-between
CBC News · Posted: Jun 07, 2019 5:58 PM ET
Former Prime Minister Jean Chretien leaves the stage after addressing
well wishers at a reception celebrating 25 years since he was elected to
his first term as prime minister in Ottawa, Thursday, October 25, 2018. (Fred Chartrand/Canadian Press)
Jean Chrétien is willing to go to China to negotiate an end to
Canada's diplomatic impasse with Beijing if Prime Minister Justin
Trudeau asks him, according to the former prime minister's spokesperson.
"If
the prime minister asks Mr. Chrétien, he would be prepared to go to
China to serve Canada at this difficult time to help our farmers and
bring our two Canadians home," Bruce Hartley told CBC News.
Canada
has been without an ambassador in China since John McCallum was fired
in January after he made public comments concerning the ongoing court
case against Huawei executive Meng Wanzhou.
The statement follows former Progressive Conservative prime
minister Brian Mulroney's suggestion this week that the Trudeau
government consider enlisting a former prime minister to lead a
high-powered delegation to China to fight for the release of detained
Canadians Michael Kovrig and Michael Spavor.
"What they might
want to do is take a look at sending over someone like Jean Chrétien,
who has a lot of respect of the Chinese," Mulroney told The Canadian
Press.
Chrétien's
son-in-law André Desmarais, deputy chairman and co-CEO of Montreal's
Power Corporation, is also the honorary chairman of the Canada-China
Business Council.
Desmarais "is held in extremely high regard by
the Chinese and probably knows more about China than any other living
Canadian that's not in public life," said Mulroney.
"You could
put a delegation together led by former prime minister Chrétien and a
few others, but mostly Chrétien and Andy Desmarais, and go over there
and sit down with people Jean has grown up with in politics who hold
senior positions, leadership positions, in the government of China and
say, 'Hey, let's get this done.'"
Chrétien's China ties
Kovrig,
a diplomat on leave to work for a non-governmental organization, and
Spavor, an entrepreneur, are under arrest in China facing allegations of
espionage and endangering national security. Canada has called their
imprisonment arbitrary and has whipped up international condemnation
over their cases.
Michael Spavor, left, and former Canadian diplomat Michael
Kovrig, right, have been formally arrested in China, following months of
detention. (The Associated Press/International Crisis Group/The Canadian Press)
Many former
diplomats and China-watchers see their plight as retribution for
Canada's decision to arrest Meng on an extradition request from the U.S.
China also has blocked some Canadian canola shipments and is cracking down on other Canadian agricultural exports.
Ottawa won't comment about the prospect of sending Canadian envoys to China.
"This
is not the first time we've been asked the question, but we don't have
any announcements planned or decisions planned in the near future,"
Trudeau's spokesperson, Cameron Ahmad, told The Canadian Press.
In
his post-political life, Chrétien has remained engaged in China-related
issues in his work with the law firm Dentons. In April 2016, he made
headlines when he met with Chinese Premier Li Keqiang.
"Premier
Li noted that China-Canada relations developed into a 'golden decade'
during Mr. Chrétien's administration, and that China appreciates Mr.
Chrétien's contributions to promote the development of China-Canada
relations," said a statement accompanying a photo of the two men warmly
shaking hands, on the website of the Chinese government's State Council.
Mulroney urges government to send Chrétien to China to win release of detainees
Canada should use former prime ministers as the U.S. uses its former presidents, Mulroney says
Mike Blanchfield · The Canadian Press · Posted: Jun 06, 2019 6:28 PM ET
Then-prime minister Jean Chrétien, right, applauds former prime minister
Brian Mulroney during an unveiling of the latter's official portrait on
Parliament Hill in 2002. Mulroney says Prime Minister Justin Trudeau
should use Chrétien to help broker diplomatic peace with China. (Tom Hanson/Canadian Press)
Former prime minister Brian Mulroney says the government should
enlist a former prime minister to lead a high-powered delegation to
China to win the release of two imprisoned Canadians — but not him.
"What
they might want to do is take a look at sending over someone like Jean
Chrétien, who has a lot of respect of the Chinese," Mulroney told The
Canadian Press.
Mulroney said the former Liberal prime minister
should be accompanied by another well-placed Canadian: Chrétien's
son-in-law André Desmarais, the deputy chairman and co-CEO of Montreal's
Power Corporation. Desmarais is also the honorary chairman of the
Canada-China Business Council.
Desmarais "is held
in extremely high regard by the Chinese and probably knows more about
China than any other living Canadian that's not in public life," said
Mulroney.
"You could put a delegation together led by former
prime minister Chrétien and a few others, but mostly Chrétien and Andy
Desmarais, and go over there and sit down with people Jean has grown up
with in politics, who hold senior positions, leadership positions, in
the government of China and say, 'Hey, let's get this done,'" said
Mulroney.
Ex-diplomat Michael Kovrig and entrepreneur Michael
Spavor are under arrest in China facing allegations of espionage and
endangering national security. Their imprisonment has sparked
international condemnation that their detention is arbitrary, but China
has rebuffed the government's many attempts to engage on the matter.
Many
see their imprisonment as retribution for Canada's decision to arrest
Chinese high-tech scion Meng Wangzhou on an extradition request from the
U.S. China has also barred some Canadian canola shipments and is
cracking down on other agricultural exports.
Rumours of such a delegation of special Canadian envoys to China have been circulating in Ottawa, but it hasn't happened so far.
"This
is not the first time we've been asked the question, but we don't have
any announcements planned or decisions planned in the near future," said
Prime Minister Justin Trudeau's spokesman, Cameron Ahmad.
A
Power Corp. spokesman said Desmarais declined to comment, while a
spokesman for Chrétien did not reply to a request for comment.
Revisiting Team Canada
Mulroney
has also advised the current Liberal government on the renegotiation of
the North American Free Trade Agreement. The former Progressive
Conservative leader was granted unprecedented access to a Liberal
cabinet meeting to advise on how to deal with U.S. President Donald
Trump — a neighbour Mulroney befriended in their Florida vacation
communities.
But regarding who has the ear of China, Mulroney
deferred to his one-time political opponent, who clashed with him as the
leader of the official Opposition in the early 1990s.
During
his 10 years as prime minister, Chrétien made half a dozen trips to
China. He rebooted Canadian relations with the People's Republic after a
long pause following the 1989 Tiananmen Square massacre, in which the
Chinese military killed hundreds, perhaps thousands, of unarmed student
protesters.
Chrétien also created the Team Canada concept,
leading delegations of provincial premiers and business leaders to China
to grease the wheels of new business deals.
Following the U.S. example
In
his post-political life, Chrétien has remained actively engaged
in China-related issues in his work with the law firm Dentons. His
frequents visits to China occasionally garner headlines, including an
April 2016 visit when he met with Chinese Premier Li Keqiang.
"Premier
Li noted that China-Canada relations developed into a 'golden decade'
during Mr. Chrétien's administration, and that China appreciates Mr.
Chrétien's contributions to promote the development of China-Canada
relations," said a statement accompanying a photo of the two men warmly
shaking hands, on the website of the Chinese government's State Council.
Desmarais's
August 2016 visit to Beijing was also noted on the Canada-China
Business Council's website with a photo supplied by China's
state-controlled Xinhua news agency, which depicts his smiling handshake
with Chinese Vice-Premier Wang Yang.
Power Corp. has had ties
with China's largest business conglomerate dating back to the mid-1980s,
when Mulroney was in power in Canada.
In
2017, the company further entrenched that relationship by buying an
additional 3.9-per-cent equity interest in China Asset Management Co.
Ltd., also known as China AMC. The deal brought Power Corp.'s equity
interest in China AMC to 13.9 per cent.
China AMC is an
affiliate of CITIC Group Corporation Ltd., which is "China's largest
conglomerate, with which Power Corporation has had an association since
1986," said a company statement.
Mackenzie Investments, an
indirect subsidiary of Power, also completed a 13.9-per-cent acquisition
in China AMC in separate transactions in late 2016 and early 2017.
"Power
Corp. and Mackenzie Investments therefore hold a combined 27.8-per-cent
interest in China AMC," said a Power Corp. statement.
Mulroney
acknowledged that his suggestion has echoes of the 2009 visit that
former U.S. president Bill Clinton made to North Korea, where he was
able to secure the release of two imprisoned journalists. He suggested
there might be a lesson for Canada in how the U.S. sometimes taps its
ex-presidents for delicate diplomacy.
Canadian Ambassador to China John McCallum is shown at the Liberal
cabinet meeting in Sherbrooke, Que., on Jan. 16. He has since been
fired. (Paul Chiasson/Canadian Press)
John McCallum has been fired as Canada's ambassador to China.
"Last
night I asked for and accepted John McCallum's resignation as Canada's
Ambassador to China," Prime Minister Justin Trudeau said in a statement
Saturday.
A spokesperson for the prime minister confirmed Trudeau delivered the news to McCallum himself.
The statement didn't offer a reason for the removal, which
comes in the middle of a diplomatic crisis with China. It caps off an
especially tough week for McCallum after he controversially waded into
the extradition request against Meng Wanzhou, an executive with Chinese
telecom company Huawei.
On
Tuesday McCallum, a longtime Liberal, was quoted telling a gathering of
Chinese-language journalists in Toronto that he thought she had a
strong case to fight extradition to the U.S. and listed several
arguments he thought could help her with her case.
On Thursday, he said he misspoke with those statements.
Then,
just the next day, he told a StarMetro Vancouver reporter it would be
"great for Canada" if the United States dropped their extradition
request against the Huawei executive.
He also repeated a comment
that if the U.S. and China make a deal on Meng's case, it should
include the release of the two Canadian men detained in China.
"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,"
McCallum told the Star Friday.
It should never have come to this. Justin Trudeau should have fired his ambassador the moment he interfered in this case. Instead, he did nothing and allowed more damage to be done. More weakness and more indecision from Trudeau on China.
Former ambassador to China Guy Saint-Jacques said he believes it was the latest round of comments that prompted his firing.
"Unfortunately I think the prime minister had no choice but to ask for the resignation of Mr. McCallum," he said.
"He should have shown a bit more restraint, in my view."
The
firing appears to put the government's China policy in disarray just
days before the U.S. makes a final decision on extraditing Meng and
comes at a time that Canada faces difficulties in its relationships with
Russia, India, Saudi Arabia and China. These days its historical ally
in the White House is often at odds with Canadian foreign policy.
Weakness on this file: Scheer
The
decision came too late for Conservative Leader Andrew Scheer who had
called on Prime Minister Justin Trudeau to fire McCallum earlier in the
week, following his first set of comments.
At the time
Trudeau brushed off the call, saying his government's focus is on
getting detained Canadians Michael Kovrig and Michael
Spavor released from China and recalling McCallum wouldn't achieve that.
"This
decision should have been made days ago. Instead [Trudeau has] shown
weakness on this file and damaged Canada's reputation and our ability to
handle this very important issue where Canadians' treatment in China is
being affected by this," Scheer told reporters Saturday.
The NDP's foreign affairs critic, Hélène Laverdière, said McCallum's inappropriate statements could complicate the file.
"This chaos has not helped Canadians abroad and has caused confusion everywhere," she said in a statement.
"In
addition, we remain concerned about President Trump's statements that
he would use this extradition as a bargaining chip in his trade
negotiations. We believe that the legal process must follow its course
without interference from anyone."
https://youtu.be/X_phZi4XJfo
For now, Jim Nickel, deputy head of mission at the Embassy of
Canada in Beijing, will represent Canada in China as chargé d'affaires.
Saint-Jacques said the search for a new ambassador in Beijing could take months, straining an already fractured relationship.
"It
really complicates things. In my view, this crisis is the worst we have
seen with China since we established diplomatic relations back in
1970," he said.
"There is a risk of more turbulence in the months ahead."
'Play it very delicately'
Lynette
Ong, a professor of political science at the University of Toronto's
Munk School of Global Affairs and Public Policy, said McCallum was liked
in China, making explaining his removal difficult.
When McCallum took
over the Beijing posting following a 2017 cabinet shuffle, he eagerly
pointed out his strong personal connection to China. His wife is
ethnically Chinese and he had a large Chinese-Canadian constituency in
his former federal riding in Markham, Ont.
"I think we need to play it very delicately with the Chinese," Ong said.
"Firing
someone that they could actually trust, I think we need to do some
explanation to the Chinese authorities. We also need to be tough but at
the same time assertive to the United States that they really need to
jump in here to help us get out of the situation to secure the release
of the two Canadians."
Watch: China demands release of Huawei CFO
A
Chinese official is accusing Canada and the U.S. of abusing the
extradition system after the U.S. Department of Justice says it will
formally ask Canada to extradite the chief financial officer of Chinese
tech giant, Huawei. That announcement ensures a drawn-out, bitter
dispute between the three countries. 2:48
In his statement, Trudeau thanked McCallum for his years of service, including his time as immigration and refugees minister.
"For almost two decades, John McCallum has served Canadians honourably and with distinction," he wrote.
"His
work as minister of immigration, refugees and citizenship in bringing
in over 39,500 Syrian refugees remains an inspiration to Canadians and
an example to the world. I thank him and his family for his service over
the past many years."
The Liberal party's Quebec MPs were meeting today in Quebec City, but offered no more details.
"I
wanted to just thank John McCallum for all his work for Canada. [I] had
the chance to sit with him for many years in Ottawa," said Heritage
Minister Pablo Rodriguez.
With files from the CBC's Katie Simpson and the Canadian Press
Robert Bransfield So
we had many people on the Right outraged that he was still an ambassador
and that the Prime minister hadn't asked for him to step down. Now that
he was requested to step down, will they acknowledge this or will they
simply move on and attack from another front?
Edward (E) Merij McCallum
is an old hack from the Chretien days. And Chretien was, of course,
connected to JT's Dad. So McCallum is in a way, connected to P.E.T.
There's a bunch of these old Liberal dinosaurs still hanging around.
Maybe the only reason McCallum got the China file in the first place was
to repay political favours. Who knows. It's all backroom politics
which we, the rabble, will never be privy to.
David Amos
@Edward (E) Merij
Methinks folks really should read statement 83 of my lawsuit that I
filed in Federal Court while running in the election of the 42nd
Parliament when Harper was the Prime Minister and Trudeau was just
another dude who became the leader of the third party N'esy Pas?
Edward Waye Andrew Scheer is a joke!
David Amos
@Edward Waye "Andrew Scheer is a joke!"
YUP but methinks he is just one clown in a rather silly circus N'esy Pas?
John Good Must be a nice cold Canadian day Lots of conservatives. stuck inside with nothing to do or say
David Amos
@John Good Methinks folks must have noticed a pack of upset liberals too N'esy Pas?
Rob Frost Nice to see Trudeau acting on Scheers recommendation.
David Amos @Rob Frost "Nice to see Trudeau acting on Scheers recommendation."
Methinks nobody should be surprised to know what really happened if they
had bothered to read my other comments and this old news N'esy Pas?
Carson Brook @David R. Amos
interesting - others have suggested readers google David R. Amos ....
and I add the voice "yes, do that" where would there be any
justification in 'disabling' a good useful suggestion which gets posted
by others
David Amos @Carson Brook "interesting - others have suggested readers google David R. Amos "
Methinks you would never have voted for me either particularly when I don't exist to most readers N'esy Pas?
Rob Frost I hope Canadians fire Trudeau in October. There can't be enough liberal firings. By the way, thanks for all the debt Trudeau.
Doug Allan @Wayne Underhill
Of course not. Their economic stimulus program kept Canada having the
strongest economy of the G8. And the Liberals and NDP both complained
loudly (at the time) that Harper wasn’t spending enough. But Liberals
and NDPers want you to forget that.
David Amos
@Doug Allan "But Liberals and NDPers want you to forget that"
.Methinks what the former Speaker of of the House aka Harper 2.0 should
be worried about is that I have a very long memory and the Federal Court
keeps pretty good records in its docket N'esy Pas?
Reid Fleming In 2019, Canadian voters will ask for, and accept, Trudeau's resignation...
David Amos @Reid Fleming Methinks you seem bitter about something N'esy Pas?
Barry Marshall Should have done it right after he put his foot in his mouth and not after backtracking.
David Amos @Barry Marshall YUP
Scott Wilson Just
as I suspected John McCallum didn't even consult with Prime Minister
Justin Trudeau before he made a statement on a very sensitive issue and
made the situation even more political than it already was.
David Amos @Chris Harris "Trudeau's a checker player at a world class chess tournament."
Methinks you hold him in higher regard than a lot of other commenters including yours truly N'esy Pas?
Rory Cain What a bumbling mess leadership is in this country. It is hard to believe this is the best we have.
David Amos
@Rory Cain Methinks
the lawyers Maxime Bernier and Jagmeet Singh and many other political
pundits would agree that Harper 2.0 is no better than Trudeau the
Younger N'esy Pas?
McCallum says dropping Meng extradition would be 'great' for Canada: report
Arrest of Huawei CFO in Vancouver on Dec. 1 has damaged relations between Canada and China
The Canadian Press · Posted: Jan 26, 2019 12:43 AM ET
Canadian Ambassador to China John McCallum said it would be "great" if the U.S. dropped its extradition request. (Sean Kilpatrick/Canadian Press)
A media report is
quoting Canada's ambassador to China as saying it would be "great for
Canada" if the United States drops an extradition request against a
Huawei executive, the day after he apologized for a politically explosive slip of the tongue when discussing the case.
StarMetro
Vancouver says John McCallum made the comment today to one of its
reporters during a charity luncheon in downtown Vancouver.
The
comment follows an apology McCallum issued Thursday, saying he misspoke
earlier in the week when he told a group of Chinese-language
journalists in Toronto about Huawei executive Meng Wanzhou, listing
several arguments he thought could help her with her case.
Conservative
Leader Andrew Scheer had called on Prime Minister Justin Trudeau to
fire McCallum, saying the remarks raised concerns about the
politicization of the Meng case but Trudeau came to McCallum's defence.
Trudeau
said his government's focus is on getting detained Canadians Michael
Kovrig and Michael Spavor home safely from China and ensuring their
rights are respected and recalling McCallum wouldn't achieve that.
Global Affairs Canada did not immediately respond to a request for comment.
Canadian Ambassador to China John McCallum says Huawei executive Meng
Wanzhou has good arguments to fight extradition to the United States. (Paul Chiasson/Canadian Press)
Canada's top diplomat in China says the Huawei executive
arrested in Vancouver at the request of the United States has a strong
case to fight extradition, a position that has prompted backlash from
the Conservative opposition in Ottawa who say this sort of interference
by an ambassador should not be tolerated by Prime Minister Justin
Trudeau.
Meng Wanzhou, the 46-year-old chief financial officer
of the telecom giant, has "quite good arguments on her
side," John McCallum said at a news conference with Canadian and
state-owned Chinese-language media in Markham, Ont., on Tuesday.
"One,
political involvement by comments from Donald Trump in her case. Two,
there's an extraterritorial aspect to her case, and three, there's the
issue of Iran sanctions which are involved in her case, and Canada does
not sign on to these Iran sanctions. So I think she has some strong
arguments that she can make before a judge," he said in his opening
remarks.
McCallum said a judge will ultimately make the decision on
whether she should be extradited, and stressed there has been "zero
involvement" by the federal government.
"It's purely a judicial
process. There may come a time when the justice minister is required to
give a view, but that will not be for some months to come," he said.
"I
know this has angered China, but we have a system of extradition
treaty, a system of rules of law, which are above the government. The
government cannot change these things, and as I said, I think Ms. Meng
has quite a strong case."
Despite those assurances, the Liberal
government to this point has not weighed in on the merits of the case or
offered an opinion on the possible legal avenues her counsel could
pursue in court.
In fact, before McCallum's remarks Tuesday, the government had studiously avoided discussing the facts of the case in public.
If I were prime minister I would fire John McCallum.
- Conservative Leader Andrew Scheer
Prime
Minister Justin Trudeau dodged a question Wednesday when asked whether
he agrees with his ambassador's assessment that Meng is
well-positioned to argue against extradition to the U.S.
"Canada
is a country of the rule of law, and we will make sure the rule of law
is properly and fully followed. That includes the opportunity for her to
mount a strong defence. That is part of our justice system," he said
during a press conference in La Loche, Sask.
Meng is accused of violating U.S. sanctions against Iran through a Huawei subsidiary.
Watch as Trudeau is asked about McCallum's comments:
Prime Minister Justin Trudeau spoke to the CBC's Bridget Yard in La Loche Saskatchewan on Wednesday 1:06
Meng's case has drawn international attention, and sparked diplomatic tensions between Canada and China.
McCallum,
who spoke only to Chinese-language journalists Tuesday without
providing advanced knowledge to mainstream media outlets, said the Meng
case has angered Chinese President Xi Jinping personally.
"I do
know that President Xi Jinping was very angry about this and so others
in the Chinese government have taken the lead from him, and I don't know
exactly why," McCallum said of the Communist party leader.
"Maybe
it's because Huawei is a national flagship company of China. It's not
just any company; it's a special Chinese company. So, maybe that is why
he is so angry."
After McCallum's comments surfaced in the
mainstream media, a spokesperson for Foreign Affairs Minister Chrystia
Freeland said Canada is committed to pursuing a fair and transparent
legal proceeding.
"There has been no political involvement in
this process. Canada respects its international legal commitments,
including by honouring its extradition treaty with the United States,"
Adam Austen said.
Scheer calls McCallum's comments 'unacceptable'
Conservative
Leader Andrew Scheer said it was "completely unacceptable" for McCallum
— a former minister in Trudeau's government before he was
appointed Canadian envoy in Beijing — to insert himself into a legal
process that is playing out in a B.C. court.
"John McCallum, as
ambassador, has a very special place in this whole dynamic. He's not
someone with an opinion, or a professor opining. He's the spokesperson
for the government of Canada in the very country where we have this
situation. This is an independent process and something that could very
well be seen as inference," Scheer said in an interview with CBC News
Network's Power & Politics Wednesday.
"If I were
prime minister I would fire John McCallum," Scheer added, saying such a
move would bolster Canada's claim that it takes the independence of its
judicial system seriously.
Erin O'Toole, the Conservative foreign affairs critic,
said McCallum's comments, which were made after a meeting with the prime
minister and his cabinet on the matter, inevitably raises questions
about political interference in sensitive legal proceedings.
"Did Trudeau instruct
the ambassador to make these statements? Did the Liberals exclude
Canadian media from the press conference to limit scrutiny? Why did the
ambassador not raise these issues when he met with MPs?" O'Toole
tweeted.
"The Conservatives
have urged more strategic outreach to Chinese media, but with a focus
on the fair process and friendly treatment of Meng Wanzhou without
assessing the legal merits of her case," he said.
David
Mulroney, a former Canadian ambassador in China, said McCallum's
comments to Chinese-language media were "almost impossible to
understand."
The comments come a day after Chinese Foreign
Ministry spokesperson Hua Chunying said Canada and the U.S. have abused
the extradition agreement in Meng's case.
David MacNaughton,
Canada's ambassador to the U.S., confirmed to CBC News that U.S.
officials have indicated to him they will soon file the formal request
needed in the extradition case.
There is a Jan. 30 deadline to complete this work.
Canadians detained in China
Canadians
Michael Kovrig and Michael Spavor have been detained in China in what
Trudeau has described as "arbitrary" detentions in retaliation for
Meng's arrest. Chinese officials has said only that the two men are
accused of "engaging in activities endangering national security."
Another
Canadian, Robert Schellenberg, recently had his 15-year sentence for
drug smuggling changed to a death sentence by a Chinese court after a
retrial.
McCallum said there had been great progress in strengthening Canada-China relations before Meng's case erupted.
He said while it is a "difficult time" in bilateral relations, officials and business leaders should continue to move forward.
Canada
has issued a travel advisory for China that warns of arbitrary
detention, and China has reciprocated with its own warning about
Canada. Citing the "arbitrary detention" of a Chinese national at the
request of a "third-party country," China asked citizens to "fully
evaluate risks" and exercise caution when travelling to Canada.
McCallum said
the government is not saying don't go to China, but rather that each
person must make a personal decision after evaluating the situation. If
someone has a history of running afoul of Chinese laws, it's probably
not a good idea to go, but ordinary tourists or business people should
have no reason not to travel there, he said.
With files from the CBC's Kathleen Harris and Philip Ling
Jay Bertsch I really don't think an Ambassador should be publicly weighing in an a judicial matter. These words could backfire.
David Amos
@Jay
Bertsch Methinks John McCallum's words about the War on Iraq backfired
long ago and I proved it in my lawsuit in 2015 Thats why Trudeau
shipped him off to China after the last election N'esy Pas?
Al Kennedy
@David R. Amos
You have piqued my interest. What was that lawsuit about?
David Amos
@Al Kennedy I just noticed that my reply to you was blocked. Try googling David Amos Federal Court
Richard Prior What
is McCallum doing even discussing the case let alone giving her a leg
up? I had always thought diplomats were suppose to be neutral
David
Allan @Steve Prior
" I had always thought diplomats were suppose to be neutral"
Where did you get that idea?
It's patently false.
Do you really think our ambassadors aren't supposed to have our national interest at heart?
What do you think an ambassador is?
David Amos @David
Allan Methinks many politicians can recall that this is not the first
time your hero has been in diplomatic hot water N'esy Pas?
"From the outset, the Chrétien government said a "few" Canadian soldiers
embedded with the U.S. and British militaries as exchange officers
would be allowed to remain in their positions, even if they wound up in
Iraq.
While the revelation caused a ruckus in Parliament, it all sounded relatively innocuous at the time.
But Lang, defence minister McCallum's chief of staff, says military
brass were not entirely forthcoming on the issue. For instance, he
says, even McCallum initially didn't know those soldiers were helping to
plan the invasion of Iraq up to the highest levels of command,
including a Canadian general.
That general is Walt Natynczyk, now Canada's chief of defence staff, who
eight months after the invasion became deputy commander of 35,000 U.S.
soldiers and other allied forces in Iraq. Lang says Natynczyk was also
part of the team of mainly senior U.S. military brass that helped
prepare for the invasion from a mobile command in Kuwait.
The Department of National Defence refused to comment on Natynczyk's role, if any, in the invasion of Iraq."
Leslie Green MacCallum
is Canada's ambassador to China. He should be working on securing the
release of Canadians held in China. Instead of that he seems to be
acting as China's ambassador to Canada
David Amos @Leslie Green YUP
Carol Becker I hope she does get off. The more I read the more I feel the Canadian government was used by the US as scapegoats.
David Amos @Carol Becker Me Too
betty einweiss hey
people..America is our largest trading partner NOT china...some of you
may not like Trump but that doesn't change the fact that we need the US
more than china
David Amos @betty einweiss True However methinks that Mr Trump and his minions do not understand the rule of law N'esy Pas?
Daryl McBride This government is terrible at diplomacy.
David Amos @Daryl McBride True
betty
einweiss regarding his appearance at a news conference with"Canadian Chinese-language media in Markham"
two sets of messages here? 1) we will uphold the law (for everyone else) or
2) she has a strong defense - so don't worry ( for people of chinese descent who happen to live in Canada)
get some balls McCallum, or are you afraid the chinese will grab you next?
David Amos @betty
einweiss Methinks Mr McCallum and his many cohorts wish to forget that
the Department of Foreign Affairs did nothing for me when the Yankees
threatened to take in to Gitmo in April of 2003 after I won some
judgements in Yankee courts and then laughed at me in October of 2004 in
a Yankee jail where I was being held in solitary confinement under the
charges of "Other" after I ran for a seat in the 38th Parliament N'esy
Pas?
Rick Nielsen Attaboy McCallum, undercut your own citizens who are being brutalized by China.
Now, if Meng is in fact extradited to the US, the Chinese will use
McCallum's comments to justify continued vicious treatment of the
Canadian hostages by their Chinese kidnappers.
What is it with Liberal politicians that they just cannot grasp the
concept of whose interests they are supposed to be working for?
McCallum's ONLY concern should be in obtaining the release of the Canadian hostages.
David Amos
@Ross Beatty I wholeheartedly agree Sir
Marc Desbiens McCallum
is way out of line. This is a judicial matter, not a political one. The
Liberals berated Trump for over stepping the same line. Liberals are
caving to Chinese pressure. I would rather a government that represents
Canadians!
David Amos
@Marc Desbiens "I would rather a government that represents Canadians!"
China accuses U.S., Canada of abusing extradition system in Huawei case
U.S. Department of Justice says it will 'meet all deadlines' in Meng extradition case
CBC News · Posted: Jan 22, 2019 5:54 AM ET
Huawei chief financial officer Meng Wanzhou was released on bail after
she was detained in B.C. by Canadian officials at the request of the
U.S. (Darryl Dyck/Canadian Press)
A Chinese official is accusing Canada and the U.S. of abusing
the extradition system after the Globe and Mail published a report
saying officials in the U.S. soon will proceed with a formal extradition
request for Meng Wanzhou.
The 46-year-old CFO of telecom giant
Huawei was arrested in B.C. in December at the request of U.S.
officials, who accuse her of violating sanctions against Iran through a
Huawei subsidiary.
David MacNaughton, Canada's ambassador to the
U.S., confirmed to CBC News early Tuesday that U.S. officials have
indicated to him they will soon file the formal request needed in the
extradition case. There is a Jan. 30 deadline to complete this work.
Meng's case has drawn international attention and sparked diplomatic tensions between Canada and China.
Chinese Foreign
Ministry spokesperson Hua Chunying on Tuesday said that both countries
had abused the extradition agreement in Meng's case.
Anyone with fair judgment would determine that Canada made a "serious mistake" in this matter, she told a regular news briefing.
She
also had strong words for the U.S., saying that China strongly urges
the U.S. to correct its "mistake," cancel the arrest order for Meng and
abandon a formal extradition request.
Asked if China would
retaliate against the United States if Meng is extradited, Hua said,
"China will, of course, respond to U.S. actions." She did not elaborate.
No backing down
The United States, however, showed no signs of backing away from its desire to have Meng extradited.
"We
will continue to pursue the extradition of defendant Ms. Meng Wanzhou,
and will meet all deadlines set by the US/Canada Extradition Treaty,"
Department of Justice spokesman Marc Raimondi told CBC in an email.
"We greatly appreciate Canada's continuing support in our mutual efforts to enforce the rule of law.
Foreign Affairs Minister Chrystia Freeland, speaking Tuesday on
the sidelines of the Davos economic summit in Switzerland, said that
Meng is facing these legal troubles not because she is offside with
Canadian law but rather because the U.S. is hoping to press criminal
charges of its own.
"The Canadian legal system is
fair and impartial to everyone ... the detention of Ms. Meng is not
about a Canadian case against her. She is neither charged or convicted
of anything in Canada. We have an extradition treaty with the U.S., we
share with the U.S. the largest demilitarized border and Canada is a
rule-of-law country and we act and honour our international treaty
commitments," Freeland said in an interview with Bloomberg TV.
Canada gathering international support
"It's
a decision for the United States whether to seek extradition of someone
from Canada, whether it is a Canadian or a visitor. That's up to them.
Then they have to make the case for extradition in our legal system."
Freeland
said she would not pass judgment on the U.S. criminal case against Meng
to this point — something that will have to be presented by month's end
— saying it is a matter for the Canadian courts to review before
authorizing a possible extradition.
Freeland said a meeting with Chinese officials while in Davos is still a possibility. "We'll see," she said.
Not long after Meng's arrest, Canadians Michael Kovrig and Michael Spavor were detained in China. Officials there have offered few specifics about what they are accused of, saying only that the men are accused of "engaging in activities endangering national security."
Spavor
is a businessman who founded a company that arranged tours of North
Korea. Kovrig is a former diplomat who was working as an adviser with
the non-profit International Crisis Group. Canada's ambassador to China,
John McCallum, recently said the men face up to four hours a day of interrogation and have no access to legal counsel.
The federal government has been trying to rally support for its efforts to assist the Canadian detainees, making nearly 20 calls to major international leaders about the issue.
Canadians Michael Spavor and Michael Kovrig are still being
held in China, where authorities say they are accused of offences that
would endanger national security. (The Associated Press/International Crisis Group/The Canadian Press) The government
also has expressed concern about the case of Robert Schellenberg, who
appealed a 15-year sentence he was given by a Chinese court after being
convicted in a drug smuggling case. After a retrial, a Chinese court
announced he now faces a death sentence.
Prime Minister Justin
Trudeau took issue with the new sentence. "It is of extreme concern to
us as a government, as it should be to all our international friends and
allies, that China has chosen to begin to arbitrarily apply [the] death
penalty ... as in this case facing a Canadian," he said.
Meng, the daughter of Huawei founder Ren Zhengfei, was released on $10 million bail in
December after three days of hearings. Her bail conditions include a
requirement that she live at a house owned by her husband, and must be
in that home between 11 p.m. and 6 a.m.
Her bail also required her to surrender her passport and submit to 24/7 monitoring, which she is paying for herself.
With files from the CBC's Katie Simpson, John Paul Tasker, Reuters, The Associated Press
In
a press event today, the U.S. Department of Justice revealed that it is
pursuing criminal charges against Chinese mobile giant Huawei.
Following a story from The Wall Street Journal earlier this month, TechCrunch previously reported that the indictments were set to be unsealed soon.
A
grand jury in Seattle has charged Huawei with conspiracy to steal trade
secrets, attempted theft of trade secrets, seven counts of wire fraud
and one count of obstruction of justice for the company’s alleged
attempts to move potential witnesses back to China. The indictments grew
out of a civil suit dating all the way back to 2014 in which T-Mobile
sued Huawei for stealing trade secrets related to a robotic
phone-testing device known as “Tappy.”
“As I told Chinese
officials in August, China must hold its citizens and Chinese companies
accountable for complying with the law,” Acting Attorney General Matthew
Whitaker said.
In addition to the company itself, Huawei CFO Meng Wanzhou and Huawei affiliates Skycom Huawei Device USA also face charges in a 13-count indictment from a grand jury in New York.
Meng, the daughter of the company’s founder, faces charges of bank
fraud, wire fraud and conspiracy to commit bank and wire fraud.
In
December, Canada arrested the Huawei executive on charges related to
deceptive practices designed to skirt U.S. sanctions against Iran. She
remained free on bail in Vancouver as Canada waited for the U.S. to make a formal request for her extradition before a January 30 deadline.
Tensions
between the U.S. and China have escalated considerably over the last
year, with U.S. agencies and lawmakers increasingly cautioning that
Huawei poses a major security threat. Still, the U.S. has yet to furnish proof of its claims.
The conspicuous absence points to the fact that the U.S. is likely wary
of allowing China to participate in building out the infrastructure for
5G mobile networks to prevent future spying — even if it lacks proof
that China is leveraging its hardware for spying against domestic
interests now. Pursuing aggressive criminal charges against the company
is another way to make the point that Huawei’s hardware is off limits
for the U.S. and its allies.
“To the detriment of American
ingenuity, Huawei continually disregarded the laws of the United States
in the hopes of gaining an unfair economic advantage,” FBI Director
Christopher Wray said in the announcement. “As the volume of these
charges prove, the FBI will not tolerate corrupt businesses that violate
the laws that allow American companies and the United States to
thrive.”
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Download Freeing the two Michaels
Associate Professor of Political Science Charles Burton is in high demand as an expert on Canada-China relations.
Legal experts say Attorney General David Lametti could
intervene at any time in Meng's extradition case. (Adrian Wyld/Canadian
Press) 
In
this June 11, 2020, file photo, Secretary of State Mike Pompeo speaks
at the State Department in Washington. Pompeo is calling on China to
release two Canadian men that he says face “groundless” charges of
spying. THE CANADIAN PRESS/Yuri Gripas/Pool via AP
4:43 PM - Jan 26, 2019
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