实锤来了, 依据引渡条例司法部长可随时撤销引渡案 - 现在只能依法上庭政府无法干预之类都是措词. 不管对加拿大损害有多大,烂土豆是贴了心要把孟晚舟引渡到美国.
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好经被和尚念歪了
说归说，做归做。抓人放人都是司法独立。美国的正式引渡请求会把罪行和证据写到孟的罪行在加拿大也是犯罪，以达到引渡目的。关键是美国发出引渡请求后，加司法部30天内决定是否进行递解庭审。这时也就看出了土豆政府最初抓孟是愚蠢的还是蓄谋的。中国可能在此前后根据情况公布被抓加人的“罪行”，暗示其“罪行”可能是25年甚至无期徒刑。
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@加拿大五毛 你不仔细读贴！
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests.
Judicial independence - Wikipedia
https://en.wikipedia.org/wiki/Judicial_independence
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Former U.S. ambassador to China Gary Locke said today that U.S. President Donald Trump undermined Canada over the arrest of Huawei executive Meng Wanzhou when he said that he would intervene in the case if it could help secure a trade deal with China.
In an interview with CBC News Network's Power & Politics, Locke said the extradition process has always been viewed as independent and separate from politics. But Trump's offer in a Reuters interview to insert himself into the case — "if I think it's good for what will be certainly the largest trade deal ever made" — may have made Canada's actions appear to the Chinese as an attempt at securing leverage.
"And so if the president is intervening, then the Chinese will say, 'OK Canada, why don't you intervene? Why don't you just simply refuse to extradite this person to the United States?" he said.
Canadian officials have maintained that the Dec. 1 arrest of Meng happened without political interference and that the process is unfolding in accordance with the rule of law and international treaties.
The U.S. is seeking Meng's extradition on charges related to the alleged violation of U.S. sanctions on Iran.
At a press conference last Friday alongside U.S. Secretary of State Mike Pompeo, Canadian Foreign Affairs Minister Chrystia Freeland delivered what could be interpreted as a veiled rebuke of Trump's remarks.
"Canada understands that the rule of law and extradition issues ought not to ever be politicized or used as tools to resolve other issues," said Freeland. "That is the very clear position which Canada expresses to all of its partners."
Further escalation?
Following Meng's arrest, China detained two Canadians on Dec. 10 on suspicion of "endangering national security."
Locke said he sees the two events as linked and describes China's detention of Canadians Michael Kovrig and Michael Spavor as typical of Beijing's tactics when it wants to send a warning to a foreign government.
Locke's remarks echo the assessment of former Canadian ambassador to China Guy Saint-Jacques, who told Power & Politics last week that "in China, there's no coincidence."
In terms of escalation, though, Locke said he doesn't think there's more to come on the Chinese side — at least in the short term.
"I think there will be a pause until they see what happens in that extradition hearing. Will Canada extradite the CFO to the United States?" said Locke.
"It really puts Canada in a difficult predicament because law enforcement between the United States and Canada (has) long had a history of good cooperation — apolitical, nonpolitical. But of course, the charges against the CFO of Huawei right now come at a very difficult political moment during these very tense and delicate trade talks and trade friction between the United States and China."
Huawei security concerns
Meng's arrest has also led to renewed scrutiny of the Chinese telecom giant Huawei, the largest telecommunications equipment manufacturer in the world and the second-largest manufacturer of smartphones, after Samsung.
U.S. lawmakers and intelligence officials have long warned of national security concerns stemming from Huawei's murky connections to the Chinese government.
Locke said those security concerns revolve around the company's equipment and the role it plays in telecommunications infrastructure.
"The fear is that somehow Huawei, with its close ties to the Chinese government, will have the capability of putting some sort of devices or spying on or collecting information from the people of the countries in which their equipment is installed," he said.
"Or that they can somehow use that equipment to disrupt the normal flow of telecommunications, if the Chinese government were to direct them to do so."
Several countries have moved to bar Huawei equipment from their 5G network infrastructures, including the U.S., Australia and New Zealand.
Canada is currently conducting a comprehensive review of the 5G technology movement, but has not yet announced a ban on Huawei technology.
https://www.cbc.ca/news/politics/trump-undermined-canada-huawei-arrest-1.4951409
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Justice Minister Jody Wilson-Raybould has outlined the next steps in Huawei CFO Meng Wanzhou‘s possible extradition to the United States, starting with the U.S. filing a full extradition request and possibly ending with the minister herself having to make the final decision.
Justice Minister Jody Wilson-Raybould has outlined the next steps in Huawei CFO Meng Wanzhou‘s possible extradition to the United States, starting with the U.S. filing a full extradition request and possibly ending with the minister herself having to make the final decision.
In a statement released Wednesday afternoon, Wilson-Raybould said she wanted to “clarify” Canada’s extradition process and reiterate Meng’s rights to legal recourse.
“It is internationally understood and accepted that people who are alleged to have committed crimes in another country should be surrendered to that country to address the charges,” the statement read.
According to the Department of Justice, an individual can be extradited if the alleged criminal activity in question is recognized as criminal in both countries.
Foreign countries can either provide Canada with a formal extradition request along with supporting documents and evidence, or request the provisional arrest of the person in question.
The latter option, permitted “where urgency has been established,” was taken in the case of the Huawei executive, Wilson-Raybould pointed out, adding that the decision to seek an arrest warrant was made “without any political interference or direction.”
If the B.C. Supreme Court approves Meng’s extradition, Wilson-Raybould will then have to make the final decision on whether Meng will be surrendered to U.S. authorities.
“At each stage of the extradition process in Canada, there is careful balancing of the interests of the person sought for extradition against Canada’s international obligations,” Wilson-Raybould said. “The person sought is able to challenge their extradition at multiple levels, both before the superior and appellate courts in Canada, and by making submissions to me on the issue of surrender.”
The minister added that she cannot make any comment on the facts of the case in order to protect the independence of the Canadian courts and extradition process.
Wilson-Raybould’s responsibility could leave Canada between a rock and a hard place as it finds itself in an uncomfortable spot between two economic superpowers.
While Canada maintains that the rule of law is separate from politics, U.S. President Donald Trump openly stated Tuesday that he’d “certainly intervene” in Meng’s case in the interest of U.S.-China trade.
China’s state-run media was already ridiculing Canada’s assertion that Meng would be dealt with fairly and transparently by an independent judiciary.
Prime Minister Justin Trudeau reaffirmed Canada’s commitment to the rule of law again on Wednesday, “regardless of what goes on in other countries.”
Foreign Affairs Chrystia Freeland also addressed the issue on Wednesday, telling reporters that authorities must “ensure that any extradition request is about seeing that justice is done” and not about “political interference.”
— With files from the Canadian Press
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OTTAWA—Canada’s Liberal government is jammed in the midst of two belligerent superpowers — China and the United States — as it ponders the extraordinary extradition case of Meng Wanzhou.
Prime Minister Justin Trudeau might be wishing he was in the same position a Liberal predecessor of his, Paul Martin, once was.
Huawei chief financial officer Meng Wanzhou, arrives at a parole office with a security guard in Vancouver on Dec. 12. (Darryl Dyck / THE CANADIAN PRESS)
Martin’s Justice Minister Irwin Cotler swiftly extradited a group of Basque separatists to Spain after getting assurances the wanted men would not be mistreated, and announced their abrupt departure to the surprise of the Commons.
Martin rang up Cotler to ask why he was not informed and why he’d had no say.
Canadian law says any extradition decision belongs to the justice minister alone, Cotler says he told the prime minister.
“If you get any questions, you can direct them to me, and you can thank me later,” Cotler recalled in an interview.
“Neither the prime minister nor the cabinet need be consulted,” said Cotler. “In fact, it protects all that they are not consulted so that a decision is made anchored on the legal merits of the request.”
However, Justin Trudeau doesn’t have the same luxury of being in the dark.
He knew of the pending Dec. 1 arrest of the Huawei executive Meng Wanzhou days beforehand because his officials gave him a heads-up. And, although he was in Argentina at the G20 with both U.S. President Donald Trump and Chinese President Xi Jinping, he says he told neither leader.
Meng is deputy chair and chief financial officer of Huawei Technologies Inc., China’s telecommunications giant and corporate gem. The arrest of the daughter of Ren Zhengfei, Huawei’s CEO who retired from the Chinese army’s engineering corps and founded the telecom company that is seeking to become a primary player in the next generation of global wireless networks, has outraged the Chinese government.
As high-profile corporate targets go, it doesn’t get much higher than that.
The U.S. alleges Mengdeceived a multinational financial institution, HSBC, which has operations in the U.S., about the level of control Huawei had of another company, Skycom, in an effort to bypass U.S. prohibitions on doing business in Iran.
The extradition dilemma now facing Trudeau and his government is suddenly more complicated. It raises questions of law, politics, international trade and security.
It is fraught with geopolitical tension.
That’s because the fate of two Canadian citizens detained this week in China could depend on whether Ottawa hands the Huawei executive over to the U.S. justice system. Former Canadian diplomat Michael Kovrig and Canadian businessman Michael Spavor could languish in jail for years awaiting legal processes because China’s foreign ministry has levelled grave accusations against them of harming state security.
No Americans have been detained in the wake of the U.S. request to extradite Meng, as far as anyone knows.
“They go after who they think might be vulnerable,” said Cotler.
China hasn’t said the Meng arrest and the Canadian men’s cases are linked.
But Cotler said China’s detentions of the Canadians “are acts of reprisal” for Canada’s arrest of Meng.
The extradition of Meng Wanzhou has escalated into a crucial test for Canada after the stunning boast by U.S. President Donald Trump, who suggested she could be a bargaining chip in his larger trade and security disputes with China. Trump said he would intervene in her legal case if he thought it would help national security or a trade deal.
“Whatever’s good for this country, I would do,” the U.S. president told Reuters.
Trump’s senior justice officials are now furiously trying to walk back the president’s remark.
But the damage is done.
In truth, Trump may have done Ottawa a favour.
The minister of justice is the one who will decide whether to proceed with bringing the U.S. extradition request to a Canadian court, and later, if a judge finds enough evidence to send it to trial in the U.S., Jody Wilson-Raybould will decide whether to surrender Meng to American prosecutors. The charges are serious and may carry a possible 30-year jail sentence or $1-million fine.
Canada’s extradition treaty with the U.S. is pretty clear; if there’s evidence the crime she is accused of in the U.S. would constitute a crime if it were committed on Canada, Canada would ordinarily agree. In fact, Ottawa has agreed to more than 90 per cent of American extradition requests to this country, officials say.
There are mandatory grounds for refusing extradition, such as if the person’s already been tried for the offence in Canada; if extradition would violate an individual’s Charter rights to due process, a broad category; or if a prosecution would be for an “improper purpose,” including to prosecute or punish an individual by reason of their race, religion, nationality, ethnic origin, language, or colour, or on other discriminatory grounds.
A minister has discretionary powers to refuse a request; Canada does not extradite to countries that have the death penalty without first obtaining assurances from the other country that it won’t execute the extradited individual.
Prof. Rob Currie with the Schulich School of Law at Dalhousie University says extradition law is “a weird mixture of law and politics,” because the justice minister can take Canada’s foreign relations into account.
“It is a decision that is based on a legal framework, but it’s a decision that is allowed and expected to take into account Canada’s international commitments, international comity (good relations), our relations with other states and the frameworks of cooperation we operate under in … fighting transnational crime,” he said.
And, importantly, the law allows Canada to turn down any request if it is seen as a bid to prosecute a “political offence.”
“The minister may, if she wishes, refuse to extradite if she feels that the prosecution in the requesting state is politicized or if it’s a political crime like treason or espionage,” he said in an interview.
At the same time, Currie said, “It would be unheard of for the minister to say a prosecution on the part of our good friends the Americans was politicized and refuse extradition on that basis.
“That would be like punching Trump, himself, in the nose.”
He agreed the minister must feel enormous political pressure, saying “The Canadians being detained is a great concern, but we cannot be seen to be bending to Chinese pressure.”
Cotler, who is head of the Raoul Wallenberg Centre for Human rights and defends political prisoners around the world including China, said China’s complaints about Meng’s treatment are hypocritical, over the top, and show that country’s “contempt for the rule of law, whether it be ours or theirs.”
China regularly arbitrarily detains citizens, conducts sham trials, and imposes unreasonable punishments on its citizens, lawyers and human rights activists, he said.
Cotler said Trump’s remarks were “astonishing.”
“What Trump has done, he’s basically politicized the process. And by politicizing the process, he’s allowed Meng to raise this” in her fight against extradition, Cotler said.
It could even lead the Canadian minister of justice who will decide in the end “to think differently about it because of the fact because of the fact that Trump’s considerations are not legal,” he said.
“Trump doesn’t seem to understand that there is a rule of law issue here. It’s just a whole transactional approach to the art of a deal, and when you look at it that way you’re really undermining the rule of law.”
Canadian officials would not answer if Meng’s extradition will be discussed by Trudeau and his cabinet, but said, if the justice minister does consult with anyone, her reasons for refusing extradition would have to be disclosed to Meng’s defence team.