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孟晚舟引渡案: 2018年12月1日被拘捕；2019年3月1日，加正式启动引渡程序；BC最高法院引渡听证2021年8月18日结束，法官未作出裁决；9月24日孟晚舟与美国政府达成协议，美国撤销引渡请求，BC法院终止引渡程序; 2022年12月1日美国撤销指控
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咋整～
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RCI更改过:
https://www.google.ca/search?source........0..0i131j0j0i10j0i30j0i10i30.OnDP0dv-9HM
我星期一访问RCI网站，还说是一月八号！
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U.S. authorities are facing a key deadline at the end of the month to formally request the extradition of Huawei executive Meng Wanzhou from Canada to the United States.
On Friday, a spokesperson for Canada's Justice Department said the U.S. had yet to file the required paperwork in the Meng case and stated the Americans have until Jan. 30 to do so. If the U.S. misses the deadline, lawyers with expertise in extradition cases say the door could open for Meng's eventual release.
Canadian police arrested Meng at Vancouver's airport Dec. 1 at the request of American authorities, who are seeking her extradition on fraud allegations. They say she lied to American banks as part of a scheme for Huawei to avoid U.S. sanctions against Iran.
Her arrest has infuriated Beijing and the case is at the centre of an increasingly testy diplomatic dispute between Canada and China. The Chinese government says Meng has done nothing wrong and has demanded her release, warning Canada of severe consequences if it doesn't free her.
Under Canada's extradition law, the U.S. was given 60 days from the date of Meng's arrest to make its formal extradition request.
"The formal request for extradition [including the supporting documents] has not yet been made by the United States," Ian McLeod, a spokesperson for Canada's Justice Department, wrote in an email Thursday.
"They have until Jan. 30, 2019 to submit this request. Canada then has a further 30 days to determine whether to issue an authority to proceed."
The U.S. Department of Justice declined to say very much about the Meng case except that it's not affected by the partial shutdown of the federal government there. Thousands of federal workers have been sent home without pay because of a budget stalemate between Congress and U.S. President Donald Trump.
"We have no comment other to say that the current operating situation has no impact on our filing preparations," the department's public-affairs office said.
Meng case in 'political stage'
Gary Botting, a Vancouver lawyer with significant experience in extradition cases, said recently appointed federal Justice Minister David Lametti would have an obligation to discharge Meng if the U.S. misses the deadline.
"If it hasn't arrived in the 60 days then every journalist in town should be jumping up and down to insist that Meng get discharged according to the act," Botting said in an interview. "That's what the act says... The minister must discharge them according to the rule."
Meng's case, Botting added, remains in a "political stage" and won't go before the courts — and into the "legal stage" — until Lametti makes the decision to introduce an authority to proceed.
Meng, Huawei's chief financial officer, is out on $10-million bail and is staying at her Vancouver home. She has been ordered to appear in a Vancouver courtroom on Feb. 6 to fix a date for further proceedings.
Lawyer Donald Bayne, who represented Ottawa professor Hassan Diab as he fought extradition on French terrorism charges for years, said it's not particularly unusual that U.S. authorities had yet to submit the formal request for Meng so late in the 60-day period.
He thinks they'll make the deadline.
"The Americans... having caused all of this so far — would never be able to say with a straight face, 'Yeah, we've decided not to go ahead' or 'Gosh, there was nothing to our case,' " said Bayne, who's based in Ottawa.
Canadians arrested in China
In the days that followed Meng's arrest, China detained two Canadians. Michael Kovrig, a Canadian diplomat on leave, and Michael Spavor, an entrepreneur, were taken in on vague allegations of engaging in activities that have endangered China's national security.
China also sentenced another Canadian, Robert Lloyd Schellenberg, to death in a sudden retrial of his drug-smuggling case. He was originally sentenced in 2016 to a 15-year term, but the court delivered the new sentence after reconsidering his case.
Western analysts believe the arrests and the death sentence are part of an attempt by Beijing to pressure Canada into releasing Meng.
Bayne said he doesn't think Meng's case would end even if the Americans missed their deadline — but comments by Trump might do it.
He noted how last month the U.S. president raised questions about the basis of the extradition request by musing in an interview with Reuters about interfering in Meng's case if it would help him strike a trade deal with China.
Meng's legal team could argue Trump's remarks, which essentially made her a "human bargaining chip," indicated an abuse of process.
On the U.S.-China trade front, the deadline in the Meng case will coincide with high-level negotiations between Washington and Beijing, said the Chinese Ministry of Commerce.
China's Vice-Premier Liu He, the country's economic point person, is scheduled to travel to meet with U.S. Trade Representative Robert Lighthizer in Washington on Jan. 30 and 31 for a round of talks. They will meet as their two countries are locked in a tariff conflict that's rattled the global economy.
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The United States has informed the Canadian government that it plans to proceed with a formal request to extradite Huawei chief financial officer Meng Wanzhou on allegations of banking fraud related to violations of US sanctions against Iran, Canada’s Globe and Mail reported on Tuesday.
The report said Canada’s ambassador to the US, David MacNaughton, has met with senior White House and US State Department officials about the Meng case several times.
The ambassador was quoted as saying in the report that he has expressed Canada’s anger and resentment to Washington about the dispute that resulted from Meng’s arrest in December. Beijing has since detained two Canadians and imposed a death penalty on a third Canadian convicted of drugs smuggling charges.
“We do not like that it is our citizens who are being punished,” he was quoted as saying. “[The Americans] are the ones seeking to have the full force of American law brought against [Meng] and yet we are the ones who are paying the price. Our citizens are.”
MacNaughton did not say when the formal US extradition request would be made but the deadline for filing is January 30.
MacNaughton said the Americans appreciated Ottawa’s statement that it would honour the extradition treaty and had told him they would continue to press Chinese authorities for the release of Michael Kovrig and Michael Spavor – the two Canadians detained by Beijing on grounds of “endangering national security”.
Meng, who is the daughter of Huawei founder Ren Zhengfei and also goes by the names Sabrina Meng and Cathy Meng, remains restricted largely to her Vancouver home, following her release on bail. She is accused of defrauding banks to circumvent US sanctions on Iran.
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VANCOUVER—A high-profile American defence attorney and a former Canadian ambassador to China say it’s very unlikely the United States government will fail to meet the deadline to request Huawei CFO Meng Wanzhou’s extradition.
Under Canadian law, foreign governments have 60 days to file a formal request for extradition following the arrest of an accused person in Canada, or the accused must be released. As of Monday’s end, 52 days will have elapsed since Meng was arrested on Dec. 1.
Huawei chief financial officer Meng Wanzhou arrives at a parole office with a security guard in Vancouver on Dec. 12. Under Canadian law, foreign governments have 60 days to file a formal request for extradition. As of Monday’s end, 52 days will have elapsed since Meng was arrested. (Darryl Dyck / The Canadian Press)
But the Canadian Department of Justice said it had not received the request for extradition as of Jan. 17.
Jeffrey Lichtman, a New York defence lawyer known for representing John Gotti Jr. and Joaquin “El Chapo” Guzman, said it’s nearly certain that the U.S. will file the request on time.
“They usually wait as late as possible to put in the papers showing probable cause, and they usually use the full 60 days,” Lichtman said in an interview.
“It’s a pretty big to-do to put forth the resources to capture someone in a foreign country — (to) ask that foreign country, tell them you’re going to be getting extradition proceedings — and then not follow up with it?
“You can bet they’re coming up with the paperwork.”
David Mulroney, a former Canadian ambassador to China, said that at this stage, not following through with an extradition request would cause substantial damage to foreign relations and the ability for the U.S. to enforce international sanctions.
“The result of that would be ... immediate damage to our international legal system that depends on things like extradition,” Mulroney said.
“Because in a case that’s perceived as being politically difficult, why would you extradite to the United States, take all of this heat, if the United States wasn’t serious about following through?”
Assuming the request meets the 60-day deadline, what follows is a 30-day period in which the Canadian Minister of Justice must grant an approval to proceed with an extradition for the case to move ahead.
Gary Botting, a Vancouver lawyer whose book on Canada-U.S. extradition has been cited by the Supreme Court of Canada, said 90 per cent of requests for extradition from the U.S. are approved by Canadian ministers. One of the things the Canadian minister will have to look for is whether the offence Meng is accused of in the U.S. is also a criminal offence in Canada.
The U.S. government alleges Meng committed fraud in a September 2013 meeting with an HSBC representative by stating that Huawei was in compliance with sanctions against Iran.
“Bank fraud, mail fraud, these things that Meng is accused of, and conspiracy in all of the above, are very serious offences. What Canada will do is, say, does this amount to fraud, common fraud? If it does, it’s a criminal offence and anything more serious must be criminal offences, so we’ve met the test,” Botting said.
In the meantime, lawyers for both the Canadian government and Meng are expected to receive a “record of the case” as part of the U.S. request-for-extradition package. This package will likely include a summary of evidence and witnesses the U.S. government intends to rely on should the case go to trial.
Botting said Meng will be given an opportunity to challenge the strength of the U.S. evidence, but few ever succeed. The common exceptions are cases in which key witnesses have passed away or a witness recants their testimony.
Another defence strategy for Meng could be to allege her Charter rights were violated and allege that her right to a fair hearing has been undermined.
“(For example), if the U.S. says something really bold or brazen, like, ‘We’re going to use her as a bargaining chip in the next negotiations,’ that could be a Charter issue,” Botting said.
Arguments over the strength of the U.S. summary of evidence will likely take place in the months leading up to the formal extradition hearing, said Peter Edelmann, another extradition lawyer in Vancouver. During this time, government lawyers will likely make additional filings to court to fill any gaps in the information provided by the U.S., he said.
“Such as more information on identification, or on intent to fraud, or whatever information it is in this particular case. Then (Canadian government lawyers) will get in touch with the U.S. Department of Justice and ask if they actually have evidence ... They’ll say yes and set that out,” Edelmann said. “What Ms. Meng’s lawyers will certainly be looking at is what are the problems with this.”
Edelmann said months down the line, the extradition hearing proper, known as a committal hearing, will take place. Here, the judge is expected to hear arguments on legal tests that should be applied and possibly arguments over legal technicalities of fraud to decide whether the U.S. allegations would meet the test to hold trial. Only if the judge agrees would Meng then be committed to extradition, pending any appeals.
Meng, who has been released on a $10-million bail, is scheduled to return to court on Feb. 6, currently listed as a routine hearing to schedule future court dates. Meng’s lawyers have not to date responded to any requests for comment.
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Hong Kong (CNN Business) The United States will soon make a formal request for the extradition of Huawei's chief financial officer, according to the Canadian government, marking the next step in a case that has set off a geopolitical storm.
"I have been told they [the US Justice Department] will proceed," David MacNaughton, Canada's Ambassador to the United States, told CNN on Monday. "We have had no indication that they will not."
The arrest of the Huawei executive, Meng Wanzhou, has strained relations between Canada, the United States and China. It has also raised questions about how far the US government may go in its efforts to clamp down on Huawei, which it regards as a national security threat.
A spokesperson from Canada's Justice Ministry said it hasn't yet received the full extradition request from the United States. The deadline for filing the formal request is January 30.
The US Justice Department didn't respond to a request for comment outside of regular office hours.
Meng, the daughter of Huawei's founder, was arrested in Vancouver last month by Canadian authorities acting on behalf of the United States. The US government alleges that Meng helped Huawei dodge US sanctions on Iran.
Meng and Huawei have denied any wrongdoing.
Canada maintains that Meng's detention is a legal matter, and that the country is following national laws and international obligations.
That position was undermined by US President Donald Trump, who last month suggested he may intervene in the legal saga if it would help his pursuit of a trade deal with China.
MacNaughton said he has "sought clarification that this is a legal matter and not a chip in a trade dispute."
"There are Canadians being detained and one sentenced to death," he added. "This is serious stuff."
Since Meng's arrest, China has detained two Canadians on suspicion of "activities that endangered China's national security." Last week, another Canadian was sentenced to death after a court convicted him of drug smuggling.
MacNaughton first made remarks about the case Monday in an interview with Canadian newspaper The Globe and Mail.
