rottenmelon
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老头儿这么说肯定是被授意了，不论谁多给自己以后一个台阶下，不过以厉害国目前政府的匪性以后会不会给2说。。。
联邦保守党:麦家廉正试图政治干预孟案
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Trudeau rejects calls to fire McCallum for ‘unprecedented’ remarks on Huawei’s Meng Wanzhou
January 24, 2019 7:25 am
By Staff The Canadian Press
Prime Minister Justin Trudeau is dismissing calls to remove Canada’s ambassador to China from his post, saying such a change wouldn’t help two Canadians detained by Chinese authorities get home any sooner.
Meeting with reporters in New Brunswick today, Trudeau was asked if he intended to recall or sanction his envoy to Beijing, John McCallum, for opining on how a Huawei executive being held in Canada might avoid extradition to the United States.
Trudeau says his government’s focus is entirely on getting detained Canadians Michael Kovrig and Michael Spavor home safely from China and making sure all their rights are respected.
McCallum’s candid comments this week about the case of Huawei’s Meng Wanzhou has raised eyebrows and fuelled speculation they were a political ploy to end Ottawa’s deepening diplomatic crisis with China.
In a Toronto-area news conference with Chinese-language journalists, McCallum said he thought Meng has strong legal arguments that could help her avoid extradition and then he listed several possibilities.
Conservative Leader Andrew Scheer has called on Trudeau to fire McCallum for the remarks, which he says raise grave concerns about the politicization of the Meng case.
Erin O’Toole, the Conservative foreign affairs critic, called the remarks “unprecedented.”
He also accused McCallum of throwing the U.S. Department of Justice “under the bus.”
© 2019 The Canadian Press
January 24, 2019 7:25 am
By Staff The Canadian Press
Prime Minister Justin Trudeau is dismissing calls to remove Canada’s ambassador to China from his post, saying such a change wouldn’t help two Canadians detained by Chinese authorities get home any sooner.
Meeting with reporters in New Brunswick today, Trudeau was asked if he intended to recall or sanction his envoy to Beijing, John McCallum, for opining on how a Huawei executive being held in Canada might avoid extradition to the United States.
Trudeau says his government’s focus is entirely on getting detained Canadians Michael Kovrig and Michael Spavor home safely from China and making sure all their rights are respected.
McCallum’s candid comments this week about the case of Huawei’s Meng Wanzhou has raised eyebrows and fuelled speculation they were a political ploy to end Ottawa’s deepening diplomatic crisis with China.
In a Toronto-area news conference with Chinese-language journalists, McCallum said he thought Meng has strong legal arguments that could help her avoid extradition and then he listed several possibilities.
Conservative Leader Andrew Scheer has called on Trudeau to fire McCallum for the remarks, which he says raise grave concerns about the politicization of the Meng case.
Erin O’Toole, the Conservative foreign affairs critic, called the remarks “unprecedented.”
He also accused McCallum of throwing the U.S. Department of Justice “under the bus.”
© 2019 The Canadian Press
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Trudeau dismisses calls to fire McCallum as envoy to China after eyebrow-raising comments
'Making a change would not help release those Canadians a day sooner,' Canada's PM says
John Paul Tasker · CBC News · Posted: Jan 24, 2019 9:59 AM ET | Last Updated: 21 minutes ago
Prime Minister Justin Trudeau says swapping out Canada's ambassador in China, John McCallum, would not help secure the release of two Canadians 'arbitrarily' detained in China. McCallum suggested Tuesday that Huawei executive Meng Wanzhou has a strong case to make against extradition to the U.S. (Paul Chiasson/Canadian Press)
Prime Minister Justin Trudeau says the Liberal government's focus is on securing the release of two Canadians arbitrarily detained in China, and he doesn't believe swapping out Canada's ambassador in Beijing after his eyebrow-raising comments about the Meng Wanzhou case will aid in that effort.
Speaking to reporters after an announcement in New Brunswick, Trudeau said Thursday the Huawei executive will have a fair shot in B.C. court to "enthusiastically" fight an American request for extradition. But he reiterated Canada is committed to the rule of law and legal proceedings free of political interference.
On Tuesday, John McCallum, the former Liberal cabinet minister turned ambassador to China, suggested Meng has a "strong case" to make against extradition and he enumerated defences her counsel could rely on to secure her freedom.
Trudeau batted away a suggestion, first floated by Conservative Leader Andrew Scheer, that McCallum's comments warrant his firing.
"Our focus is entirely on getting those Canadians home safe and making sure that all their rights are respected ... making a change would not help release those Canadians a day sooner."
McCallum's remarks, made exclusively to Chinese-language reporters at a news conference in Markham, Ont., were met with heavy criticism from the Conservative Opposition in Ottawa who said an ambassador should not weigh in on the merits of such a sensitive case.
Canadians Michael Kovrig and Michael Spavor have been held in China in what Trudeau has described as "arbitrary" detentions in retaliation for Meng's arrest. Chinese officials have 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.
'Making a change would not help release those Canadians a day sooner,' Canada's PM says
John Paul Tasker · CBC News · Posted: Jan 24, 2019 9:59 AM ET | Last Updated: 21 minutes ago
Prime Minister Justin Trudeau says the Liberal government's focus is on securing the release of two Canadians arbitrarily detained in China, and he doesn't believe swapping out Canada's ambassador in Beijing after his eyebrow-raising comments about the Meng Wanzhou case will aid in that effort.
Speaking to reporters after an announcement in New Brunswick, Trudeau said Thursday the Huawei executive will have a fair shot in B.C. court to "enthusiastically" fight an American request for extradition. But he reiterated Canada is committed to the rule of law and legal proceedings free of political interference.
On Tuesday, John McCallum, the former Liberal cabinet minister turned ambassador to China, suggested Meng has a "strong case" to make against extradition and he enumerated defences her counsel could rely on to secure her freedom.
Trudeau batted away a suggestion, first floated by Conservative Leader Andrew Scheer, that McCallum's comments warrant his firing.
"Our focus is entirely on getting those Canadians home safe and making sure that all their rights are respected ... making a change would not help release those Canadians a day sooner."
McCallum's remarks, made exclusively to Chinese-language reporters at a news conference in Markham, Ont., were met with heavy criticism from the Conservative Opposition in Ottawa who said an ambassador should not weigh in on the merits of such a sensitive case.
Canadians Michael Kovrig and Michael Spavor have been held in China in what Trudeau has described as "arbitrary" detentions in retaliation for Meng's arrest. Chinese officials have 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.
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McCallum says Meng has a strong case against extradition. Is he right?
U.S. accuses Meng of being part of scheme to evade U.S. sanctions against Iran
Mark Gollom · CBC News · Posted: Jan 24, 2019 4:00 AM ET | Last Updated: 5 hours ago
Canadian Ambassador to China John McCallum says Huawei executive Meng Wanzhou has good arguments to fight extradition to the United States. (Sean Kilpatrick/Canadian Press)
Canada's ambassador to China John McCallum raised some cogent legal points when declaring that the Huawei executive arrested in Vancouver at the request of the United States has a strong defence to fight extradition, according to lawyers who specialize in the field.
"He raises issues in her defence that could be raised," Toronto-based extradition lawyer Seth Weinstein told CBC News Network.
Meng Wanzhou, the chief financial officer of the Chinese tech giant, was arrested at Vancouver's airport on Dec. 1 at the request of American authorities, who are seeking her extradition on fraud charges. They allege she lied to American banks as part of a scheme for Huawei to evade U.S. sanctions against Iran.
Most extradition requests made by the U.S. to Canada are granted.
But at a news conference with Canadian and state-owned Chinese-language media in Markham, Ont., on Tuesday, McCallum made three points that he said provide good arguments against her extradition to the U.S.
"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," McCallum said.
"So I think she has some strong arguments that she can make before a judge."
'Bargaining chip'
Gary Botting, a Vancouver lawyer who specializes in extradition cases, agreed with McCallum's overview. He said that on his first point, regarding the U.S. president, Trump has politicized the process.
"[Trump has] implied that the United States can use her as a bargaining chip — and that is precisely what the treaty says is an exception to the extradition process," Botting said. "A person will not be extradited if it is for a political purpose or if the person is deemed to be part of that political purpose."
But experts said the most important part of Meng's defence in her extradition case is whether her actions in the U.S. would also be considered criminal conduct in Canada, known as the "principle of double criminality."
McCallum suggested that Meng's case may not meet that principle, as she is being accused of violating U.S. sanctions against Iran that Canada did not sign on to.
"That plays a significant role," said Weinstein. "If [Meng's] conduct is, in fact, a violation of sanctions [and] we don't subscribe to those sanctions, and don't have an offence of that nature here in Canada, … arguably it could then be advanced that she ought not to be extradited because there is no similar conduct here that's criminal."
Meng Wanzhou, the chief financial officer of Huawei, was arrested at Vancouver's airport on Dec. 1 at the request of American authorities. (Darryl Dyck/Canadian Press)
Toronto lawyer Leo Adler agreed that the "major legal question" regarding Meng's extradition case is whether there is an equivalent crime in Canada to the one in which she is accused.
"She has a case," he said.
But Weinstein said the U.S. seems to have characterized Meng's actions as fraud, which arguably may allow her to be extradited.
"You have to see what the actual conduct is," he said.
Provisional arrest
Under Canada's extradition laws, the U.S. is given 60 days from the date of arrest to make a formal extradition request.
When foreign governments seek the arrest and extradition of an individual in Canada accused of committing a crime in their country, they can go about it in two ways.
They can provide Canada with a formal extradition request and supporting documentation, meaning the arrest will occur after that request has been submitted. The foreign government can also request a provisional arrest, which comes before that formal request has been received.
Meng was arrested under a provisional arrest warrant.
If the arrest is provisional, Canada will release the individual if the government hasn't received the extradition request within a specified time period.
Under the 60-day period outlined by the long-standing Canada-U.S. extradition treaty, the U.S. has until Jan. 30 to submit their request to extradite Meng.
A spokesperson with the U.S. Department of Justice has said it will "meet all the deadlines" under the treaty as it continues to pursue Meng's extradition.
Canada's Justice Department then has a further 30 days to determine whether to issue an "authority to proceed" — and ultimately decide whether it will authorize an extradition hearing.
'Not the trial'
That hearing is held before a provincial Superior Court, where a judge determines whether there is enough evidence provided by the extradition partner to support the request.
The judge does not rule on the guilt or innocence of the crime of which the individual is accused, but rather evaluates whether that evidence would be "sufficient to commit the person for trial in Canada" if the conduct had occurred here.
"An extradition hearing is not the trial," Adler said. "There is no need for proving things beyond a reasonable doubt. It's a very low test.
"The test is very simple: Is there any evidence upon which a properly instructed jury could convict?"
The judge then orders whether the individual should be committed for extradition. But the federal justice minister has to provide the final order on whether the individual will be "surrendered" to the country seeking extradition.
In December, then Justice Minister Jody Wilson-Raybould declined to comment on the case of Meng, saying she would "ultimately have to decide on the issue of surrender of the person sought for extradition."
That decision will now fall on newly appointed Justice Minister David Lametti.
And someone who is sought for extradition may appeal their committal and seek a judicial review of the minister's surrender order — a process that can play out for months or even years in the courts.
U.S. accuses Meng of being part of scheme to evade U.S. sanctions against Iran
Mark Gollom · CBC News · Posted: Jan 24, 2019 4:00 AM ET | Last Updated: 5 hours ago
Canadian Ambassador to China John McCallum says Huawei executive Meng Wanzhou has good arguments to fight extradition to the United States. (Sean Kilpatrick/Canadian Press)
Canada's ambassador to China John McCallum raised some cogent legal points when declaring that the Huawei executive arrested in Vancouver at the request of the United States has a strong defence to fight extradition, according to lawyers who specialize in the field.
"He raises issues in her defence that could be raised," Toronto-based extradition lawyer Seth Weinstein told CBC News Network.
Meng Wanzhou, the chief financial officer of the Chinese tech giant, was arrested at Vancouver's airport on Dec. 1 at the request of American authorities, who are seeking her extradition on fraud charges. They allege she lied to American banks as part of a scheme for Huawei to evade U.S. sanctions against Iran.
Most extradition requests made by the U.S. to Canada are granted.
But at a news conference with Canadian and state-owned Chinese-language media in Markham, Ont., on Tuesday, McCallum made three points that he said provide good arguments against her extradition to the U.S.
"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," McCallum said.
"So I think she has some strong arguments that she can make before a judge."
'Bargaining chip'
Gary Botting, a Vancouver lawyer who specializes in extradition cases, agreed with McCallum's overview. He said that on his first point, regarding the U.S. president, Trump has politicized the process.
"[Trump has] implied that the United States can use her as a bargaining chip — and that is precisely what the treaty says is an exception to the extradition process," Botting said. "A person will not be extradited if it is for a political purpose or if the person is deemed to be part of that political purpose."
But experts said the most important part of Meng's defence in her extradition case is whether her actions in the U.S. would also be considered criminal conduct in Canada, known as the "principle of double criminality."
McCallum suggested that Meng's case may not meet that principle, as she is being accused of violating U.S. sanctions against Iran that Canada did not sign on to.
"That plays a significant role," said Weinstein. "If [Meng's] conduct is, in fact, a violation of sanctions [and] we don't subscribe to those sanctions, and don't have an offence of that nature here in Canada, … arguably it could then be advanced that she ought not to be extradited because there is no similar conduct here that's criminal."
Meng Wanzhou, the chief financial officer of Huawei, was arrested at Vancouver's airport on Dec. 1 at the request of American authorities. (Darryl Dyck/Canadian Press)
Toronto lawyer Leo Adler agreed that the "major legal question" regarding Meng's extradition case is whether there is an equivalent crime in Canada to the one in which she is accused.
"She has a case," he said.
But Weinstein said the U.S. seems to have characterized Meng's actions as fraud, which arguably may allow her to be extradited.
"You have to see what the actual conduct is," he said.
Provisional arrest
Under Canada's extradition laws, the U.S. is given 60 days from the date of arrest to make a formal extradition request.
When foreign governments seek the arrest and extradition of an individual in Canada accused of committing a crime in their country, they can go about it in two ways.
They can provide Canada with a formal extradition request and supporting documentation, meaning the arrest will occur after that request has been submitted. The foreign government can also request a provisional arrest, which comes before that formal request has been received.
Meng was arrested under a provisional arrest warrant.
If the arrest is provisional, Canada will release the individual if the government hasn't received the extradition request within a specified time period.
Under the 60-day period outlined by the long-standing Canada-U.S. extradition treaty, the U.S. has until Jan. 30 to submit their request to extradite Meng.
A spokesperson with the U.S. Department of Justice has said it will "meet all the deadlines" under the treaty as it continues to pursue Meng's extradition.
Canada's Justice Department then has a further 30 days to determine whether to issue an "authority to proceed" — and ultimately decide whether it will authorize an extradition hearing.
'Not the trial'
That hearing is held before a provincial Superior Court, where a judge determines whether there is enough evidence provided by the extradition partner to support the request.
The judge does not rule on the guilt or innocence of the crime of which the individual is accused, but rather evaluates whether that evidence would be "sufficient to commit the person for trial in Canada" if the conduct had occurred here.
"An extradition hearing is not the trial," Adler said. "There is no need for proving things beyond a reasonable doubt. It's a very low test.
"The test is very simple: Is there any evidence upon which a properly instructed jury could convict?"
The judge then orders whether the individual should be committed for extradition. But the federal justice minister has to provide the final order on whether the individual will be "surrendered" to the country seeking extradition.
In December, then Justice Minister Jody Wilson-Raybould declined to comment on the case of Meng, saying she would "ultimately have to decide on the issue of surrender of the person sought for extradition."
That decision will now fall on newly appointed Justice Minister David Lametti.
And someone who is sought for extradition may appeal their committal and seek a judicial review of the minister's surrender order — a process that can play out for months or even years in the courts.
道歉了
John McCallum releases statement re legal proceeding with respect to Huawei CFO Meng Wanzhou: 'I misspoke. These comments do not accurately represent my position on this issue. As the gov't has consistently made clear, there has been no political involvement in this process.'
John McCallum releases statement re legal proceeding with respect to Huawei CFO Meng Wanzhou: 'I misspoke. These comments do not accurately represent my position on this issue. As the gov't has consistently made clear, there has been no political involvement in this process.'
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Ambassador to China John McCallum now says he 'misspoke' on Huawei's Meng Wanzhou
McCallum's earlier candid comments about the case raised eyebrows
The Canadian Press
Updated: January 24, 2019
OTTAWA — Canada’s ambassador to China says he “misspoke” when he suggested detained Huawei executive Meng Wanzhou had a strong case to avoid extradition to the United States.
“I regret that my comments with respect to the legal proceedings of Ms. Meng have created confusion. I misspoke,” John McCallum said in a statement Thursday.
“These comments do not accurately represent my position on this issue. As the government has consistently made clear, there has been no political involvement in this process.”
McCallum’s candid comments this week about the case of Huawei’s Meng raised eyebrows and fuelled speculation they were a political ploy to end Ottawa’s deepening diplomatic crisis with China.
In a Toronto-area news conference on Tuesday with Chinese-language journalists, McCallum said he thought Meng had strong legal arguments that could help her avoid extradition. He also listed several possibilities that could help her with her case.
“As Canada’s Ambassador to China, I play no role in assessing any arguments or making any determinations in the extradition process,” McCallum said Thursday.
“The Canadian government’s priority — and my priority — is securing the release of the two Canadians arbitrarily detained in China and ensuring that the rights of all of our citizens are protected.”
Earlier Thursday, Prime Minister Justin Trudeau dismissed calls to remove McCallum from his post, saying such a change wouldn’t help two Canadians detained by Chinese authorities get home sooner.
Trudeau told reporters in Quispamsis, N.B. that his government’s focus is on getting detained Canadians Michael Kovrig and Michael Spavor home safely from China and ensuring their rights are respected.
“Making a change would not help release those Canadians a day sooner,” Trudeau said.
On Wednesday, Conservative Leader Andrew Scheer called on Trudeau to fire McCallum for the remarks, which he said raise grave concerns about the politicization of the Meng case.
China’s foreign ministry spokeswoman Hua Chunying said her government has “noted the relevant remarks by Ambassador McCallum” and reiterated its demand that Meng be released from her unjust detention, which she blamed on Canada and the United States.
“We have made our stern position clear,” Hua said Thursday, in translated remarks from her ministry’s website.
Canada’s ambassador to China, John McCallum, is seen in a file photo as he arrives to brief members of the Foreign Affairs committee in Ottawa on Jan. 18, 2019. Sean Kilpatrick/CP
“In order to change the current situation, the Canadian side needs to face up to the issue squarely, take China’s solemn concerns seriously, and take measures to correct its mistakes.”
She noted Canada was acting on an extradition request from the U.S.
“We hope that the Canadian side will make the right choice instead of risking endangering itself for other’s gains,” Hua said.
In the days that followed Meng’s Dec. 1 arrest, China detained Kovrig, a Canadian diplomat on leave, and Spavor, an entrepreneur, on allegations of endangering China’s national security.
Trudeau has called their detentions arbitrary and Western analysts believe their cases are part of an attempt by Beijing to pressure Canada into releasing Meng, whose arrest has angered the Chinese government.
Huawei CFO Meng Wanzhou lives in Vancouver while she awaits word of extradition to the U.S. Darryl Dyck/The Canadian Press
At the top of McCallum’s list of Meng’s legal options was a possible defence on the grounds of political interference following comments by U.S. President Donald Trump last month that he might intervene in Meng’s case if it would help him nail down a trade deal with China.
McCallum also said Meng can argue against the extra-territorial aspect to her case and the fact the fraud allegations U.S. officials made against her are related to Iran sanctions that Canada did not sign onto.
In Beijing, Hua told reporters Meng’s case was a “serious mistake from the very beginning.”
“The extradition request the U.S. raised to Canada is essentially related to its unilateral sanctions on Iran. It does not comply with the international law and is not legitimate,” she added.
Trudeau stressed Thursday that Canada is following the law.
“We will always stay grounded in defence of the rule of law and the integrity of our justice system, which of course includes the capacity for people to defend themselves enthusiastically which will be fully afforded to Ms. Meng and in her rights within the Canadian justice system,” Trudeau said.
“Our focus remains making sure that the Canadians arbitrarily detained in China have their rights respected and, indeed, that they have an opportunity to get home as soon as possible.”
Following Meng’s arrest, China also sentenced another Canadian, Robert Lloyd Schellenberg, to death in a sudden retrial of his drug-smuggling case. Schellenberg had initially been sentenced in 2016 to 15 years behind bars.
Foreign Affairs Minister Chrystia Freeland has asked for clemency for Schellenberg and has called his death penalty “inhumane.”
