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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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.
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.
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.
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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.
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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.”
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.”
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If the crime of which Meng Wanzhou is accused contravenes sanctions that were unilaterally imposed by the U.S., and which are not recognized in Canada, then what is our legal obligation to hold her in custody pending an extradition hearing?
Beijing has demanded the U.S. drop its request that Canada extradite Huawei chief financial officer Meng Wanzhou, but Foreign Affairs Minister Chrystia Freeland has argued the case must not be politicized. (DARRYL DYCK / THE CANADIAN PRESS)
Surely an extradition treaty cannot be used to enforce laws in one country, which are not considered illegal in Canada, especially when the actions considered to have contravened those laws, were not committed in either the U.S. or in Canada?
Evan Cameron, Midland, Ont.
Canada is caught between two superpowers, and my definition of a superpower is a nation that can interfere in the affairs of another nation, at a distance, with minimal consequences.
Prevention would have been the best way to avoid this geopolitical quandary, i.e. someone in the intelligence community should have tipped off Meng Wanzhou that she risked arrest by landing in Vancouver.
The legal proceedings around her arrest must be expedited, and if the U.S. can’t quickly produce extradition papers, than they are simply playing games. The Trump administration rather arbitrarily re-introduced sanctions against Iran, another internationally criminal regime, despite evidence that Iran was complying with the measures to cease their nuclear weapons program, in accordance with agreements made to the international community. But you can’t make agreements with a mercurial know-nothing like Donald Trump any more than you can with a dictatorial know-everything type like the ruler-for-life, neo-imperial Xi Jinping.
Canada must show more solidarity with the opposition Democrats in the U.S., especially since a heavily conservative U.S. Supreme Court will make all kinds of retrograde rulings that endanger the public safety and well-being of Americans and, by extension, Canadian tourists to the U.S. as well. We should co-operate only when and where we have to with either of these essentially rogue regimes.
Ron Charach, Toronto
Let’s admit it, Canada created a huge faux pas when we arrested Haiwei CFO Meng Wanzhou, to be tried by the U.S. for (not illegal by UN) charges of dealing with Iran. Since that faux pas, the government has been thrashing around trying to find a face-saving way out of this mess, especially now with a Canadian’s life possibly hanging in the balance and our economy being threatened.
Our government holds a bad actor perspective of China, which is wrong in the eyes of most of the world. China’s field of influence reaches much of Africa, the Middle East, including Iran and Turkey, India and Russia. Most of the world. China is quickly emerging into the world’s biggest most dynamic economy. China has a population of 1.5 billion, while Canada is at about 33 million; a little like an elephant and a mouse.
To think that we are going to pressure China into following our wishes is absurd.
The Chinese people, understandably, feel China is right to demand the release of Meng. Imagine if the Chinese had arrested a Canadian woman to be sent to Russia to face untenable political charges because they had an extradition agreement.
Canada should release Meng before this gets even worse.
This might piss trump off a bit, but may actually improve our standing in the world.
Canada has everything to gain and nothing to lose by being friends with China. Criticize China when they are wrong, but befriend them when they are right.
We teach our kids to admit their mistakes when they are wrong. Would it not be an improvement if the world worked that way?
Ron Brydges, St. Catharines
It’s hard to see why Canada would want to get involved in the arrest of Meng Wanzhou.
America has arbitrarily imposed sanctions on Iran — both to satisfy its allies and to further its strategic interests in the region — and to their credit, Russia, China and the European Union have refused to abide by those sanctions.
In fact, the EU has asked member states to not only disregard threats from Washington, but to increase business with and within Iran.
Despite sharing extradition treaties with the United States, these nations have refused to be cowed by Trump’s ultimatum: “Anyone doing business with Iran will NOT be doing business with the U.S.” Why does Canada lack the courage and good sense to do likewise?
Canadians need to remind themselves that it is not in the best security interests of the Middle East — nor of the world — to isolate Iran, and that while America may have a right to sanction other nations, other nations have an equal right to refuse to comply.
With a president as capricious and pugnacious as that of our southern neighbour, it has rarely been more important that Canada assert its sovereignty and chart an independent course.
Mike Ward, Duncan, B.C.
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OTTAWA—The Trudeau government asked the Trump administration to ensure China releases two detained Canadian men if — as U.S. President Donald Trump suggested last month — the U.S. drops Meng Wanzhou’s extradition request as part of negotiations for a trade deal with China, the Star has learned.
A senior Canadian official speaking on condition of anonymity told the Star that the Trudeau government approached the Americans after Trump said in December he wouldn’t hesitate to intervene in the Meng affair if he could secure a better trade or security deal with China.
Prime Minister Justin Trudeau responds to questions during a news conference following a cabinet retreat in Sherbrooke, Que. on Jan. 18, 2019. Trudeau is standing behind his ambassador to China after John McCallum back-tracked on comments he made about Meng Wanzhou’s extradition. (Paul Chiasson / THE CANADIAN PRESS)
Prime Minister Justin Trudeau, who spoke directly with Trump, and other officials in their dealings with the Americans, made it clear that if the U.S. was indeed going to use Meng’s extradition as a bargaining chip, the U.S. needed to make sure that the two Canadians who were taken in retaliation by China are released, according to the senior official who had knowledge of the talks.
The insider said the American side agreed the two detained Canadians should be released, but no one in the administration admitted Meng is a pawn in a larger dispute, and the Canadian government still does not know for sure whether Trump was serious or was just trying to put the Chinese off-guard, the source said.
In fact, “some kind of deal with China” was one of the possible outcomes to the uproar over Meng’s arrest that Canada’s Ambassador to China John McCallum laid bare in an extraordinary news conference on Tuesday.
McCallum apologized late Thursday for several of his remarks, saying he “misspoke” when he said Meng had “strong arguments” to fight extradition, but he did not reference or walk back all his comments.
McCallum did not misspeak when he said “some kind of deal with China” might be an option.
McCallum told Chinese-language media Tuesday there were three “options” or ways in which the Meng affair could end. Meng, a Huawei executive, was arrested in Vancouver on Dec. 1.
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He said one, Meng could be extradited as the U.S. has requested to face fraud charges, which he said would “not be a happy outcome; two, the U.S. might offer a resolution in the context of its own negotiations with China, or three, she could be released by a Canadian court.
McCallum said: “The second option would be that the United States made some kind of a deal with China, and part of the deal would be that they would no longer seek her extradition. And we would hope, if the U.S. made such a deal, part of the deal would also be to release the two Canadians. So that is an option, but that is more under the control of the United States than it is under the control of Canada.”
It’s that second option that the Canadian official confirmed to the Star was actively pursued by the Trudeau government.
After his remarks in his former riding were revealed to a broad Canadian audience, a storm of criticism erupted, primarily over McCallum’s opining that Meng had “quite good” and “strong arguments” to win her fight against extradition.
He suggested Trump had politicized her arrest, and listed what he saw “strong arguments” for her lawyers to make.
“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 onto these Iran sanctions.”
Late Thursday, McCallum apologized in a clear attempt at damage control.
“I regret that my comments with respect to the legal proceedings of Ms. Meng have created confusion. I misspoke.
“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.”
He did not, however, offer to resign his position as ambassador and for the second day, Trudeau stood by his envoy when asked if McCallum would be sanctioned or fired.
“Making a change would not help release those Canadians a day sooner,” Trudeau said in New Brunswick.
Trudeau said that remains his government’s priority.
“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.”
“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.”
The rest of McCallum’s statement reverted to the same message, an indication that in spite of initial claims by government officials that he hadn’t strayed too far off-message, his remarks had become a problem.
His predecessors in the job said he never should have spoken the way he did.
Former ambassador to China Guy Saint-Jacques said he believed McCallum had stumbled, not shown the restraint a trained diplomat should, and even as a former politician McCallum should have known not to comment on anything before the courts.
“The result of what Mr. McCallum has said, on the one hand, undermines the legal process; it complicates the job of the minster of justice; it could be perceived as an interference in the legal process and it will confirm the Chinese in their thinking that all this is political and they just have to increase the pressure on Canada and Canada will buckle at some point and just put Mrs. Meng on an aircraft and get rid of the problem.”
Yet Saint-Jacques said McCallum should not be fired because “it would be very difficult to replace him at this stage given the poor state of the relationship.”
“We need someone in place, and it would be too risky to start a process to find a replacement. This could take months. And you need someone.”
China’s foreign ministry spokesperson Hua Chunying told a daily press briefing that China had taken note of McCallum’s remarks.
“We believe that anyone with normal judgment could see through the nature of this case,” said Hua, in translated remarks posted to the government’s website.
“We hope that the Canadian side will make the right choice instead of risking endangering itself for other’s gains.”
Trump told Reuters on Dec. 11 that “If I think it’s good for the country, if I think it’s good for what will be certainly the largest trade deal ever made — which is a very important thing — what’s good for national security — I would certainly intervene if I thought it was necessary.”
U.S. justice officials testifying at a U.S. senate committee denied the Meng case was being used for any political, diplomatic or other ends.
“We follow the facts and we indicate violations of U.S. law. That’s what we’re doing when we bring those cases, and I think it’s very important for other countries to understand that,” said U.S. Assistant Attorney General John Demers.
“We are not a tool of trade when we bring the cases; that’s what we do when we see them through to their conclusion.”
The U.S. Justice Department stated this week it is proceeding with the request and would meet the Jan. 30 deadline to send supporting documents to the Canadian justice department.
Prosecutors in New York want Meng to face fraud charges for allegedly misleading banks in an effort to skirt U.S. sanctions on doing business in Iran.
Her arrest in Canada infuriated China, and was followed days later by the arrests of diplomat Michael Kovrig and businessman Michael Spavor, who remain detained on unspecified allegations of endangering China’s national security.
