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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Lawyers for Meng Wanzhou claim she was the target of a "covert criminal investigation" designed by Canadian and U.S. authorities to illegally detain and search the Huawei executive when she landed in Vancouver in December 2018.
The allegation is fleshed out in hundreds of pages of documents filed in B.C. Supreme Court Tuesday in a bid for copies of correspondence between agencies during the crucial hours surrounding Meng's arrest after she arrived at Vancouver International Airport from Hong Kong on Dec.1.
The material includes video of the Huawei chief financial officer in the moments after she stepped off a Cathay Pacific flight and into a global dispute that continues to rock relations between Canada and China.
Meng's lawyers claim notes included in the documents suggest RCMP originally planned to arrest Meng on the plane, but decided to have the Canada Border Services Agency detain her instead in order to collect evidence at the direction of the Canadian Department of Justice and the U.S. Federal Bureau of Investigation.
'Economic and political gain'
The defence claims Meng's Charter rights were violated and that the Canadian judicial process is being abused in order to further the economic and political interests of the United States as it fights a trade war with China.
"The U.S. is attempting to use these extradition proceedings for economic and political gain," Meng claims in a document outlining her case.
"It provides important context to what occurred upon [Meng's] arrival in Canada on December 1, 2018 ... the U.S. has engaged in a long-standing effort to target [Meng] and others affiliated with her employer, Huawei Technologies."
A sign in support of Huawei CFO Meng Wanzhou is displayed outside of a B.C. Supreme Court bail hearing for Meng in December 2018. (David Ryder/Reuters)
The 47-year-old was arrested on a U.S. extradition warrant last December on a stopover from Hong Kong to Buenos Aires.
According to an indictment unsealed in January, Meng and Huawei face 13 criminal counts of conspiracy, fraud and obstruction in the U.S. The charges relate to an alleged scheme to circumvent sanctions against Iran through a shadow company in Tehran that prosecutors say was actually controlled by Huawei.
Meng is accused of lying about the relationship — putting U.S. banks at risk of violating sanctions.
She is currently living under a form of house arrest in one of two multi-million dollar homes she owns in Vancouver, after being released on $10 million bail.
The latest documents were filed in support of an application for disclosure of notes, texts, emails and other correspondence between RCMP, CBSA, the Canadian government and the FBI.
The defence claims the material supports the allegation the agencies were in constant contact with each other in the hours after Meng was detained but before she was actually arrested.
The court will hear the application next month. Meng's extradition hearing itself is set to begin in January.
'Complicated' case
The affidavits include handwritten notes from the RCMP members involved in Meng's arrest.
One states that the case is "complicated" and another — written in advance of her arrival — says that officers didn't want to make an online request for her flight manifest, fearing it wouldn't stay secret.
Huawei chief financial officer Meng Wanzhou, centre, is accompanied by a private security detail as she leaves her home to attend a court appearance in Vancouver in March 6, 2019. (Darryl Dyck/Canadian Press)
According to the documents, once Meng was detained by CBSA officers and sent for secondary inspection, she repeatedly asked why. Her lawyers claim she was given no answer.
Instead, she was allegedly asked "if her company sold products in countries that they should not."
"I rephrased the question and asked the subject if her company sold products or did business in Iran," one CBSA officer's notes read. "The subject initially stated 'I don't know.' "
'You're saying I committed fraud'
The documents also include a transcript of Meng's interview with two RCMP officers at the time she was officially arrested, three hours after she was sent for secondary inspection.
She appears confused as officers tell her that they're arresting her and sending her to the United States for committing fraud.
U.S. President Donald Trump speaks during a press conference with China's President Xi Jinping at the Great Hall of the People in Beijing. Trump has said he would intervene in Meng Wanzhou's extradition case if it could help secure a trade deal.
"Me?" she replies.
"You think that ... You're saying I committed fraud in the United States?" she later asks. "I'm not clear what has happened. Why would I have an arrest warrant, and I have got involved in fraud?"
She is given a basic outline of the case and responds: "You're saying, because of my company, you're arresting me?"
Meng then asks if she can call family members and is told: "You cannot."
'It would be unconscionable'
In the months since Meng's arrest Canada has faced relentless pressure from China to release the Huawei executive.
Two Canadians are currently in prison accused of spying as part of allegations Canadian officials have described as retaliation for Meng's arrest and two others are facing the death penalty for their roles in drug trafficking rings.
China has also blocked the sale of Canadian canola seed, affecting the fortunes of Prairie farmers.
Meng's defence team has previously suggested that Canada should not do the bidding of the United States, pointing to U.S. President Donald Trump's assertion that he might intervene in the case if it could secure a trade deal.
In the latest court filings, they note the "international political firestorm" sparked by her arrest and Trump's "ominous" statements.
"It would be unconscionable to return her to the U.S. in this climate," the lawyers state.
"The U.S. should be disentitled from using the [Immigration] Act to seek [Meng's] extradition in circumstances where its President has made odious statements undermining the rule of law and disrespecting Canada's sovereignty."
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星期二，加拿大不列颠哥伦比亚省高等法院公布了中国华为公司首席财务官孟晚舟的律师团向法庭提交的大量文件。
孟晚舟律师团
孟晚舟律师团说，其提交的这些文件显示加拿大警方和美国当局合谋在2018年12月1日孟晚舟抵达温哥华国际机场后对其进行了非法搜查和拘留；并要求法庭下令要加拿大皇家骑警、边检局、联邦政府和美国联邦调查局交出从孟晚舟抵达温哥华机场到加拿大警方逮捕她这几个小时内互相之间的内部通讯记录，包括电子邮件、短信、通话记录等。
加拿大不列颠哥伦比亚省法庭将在下个月就孟晚舟律师团这一要加拿大和美国警方、政府机构提供其12月1日与孟晚舟被逮捕有关通讯内容的要求进行听询。
视频录像
孟晚舟律师团提交给法庭的证据中包括孟晚舟走出国泰航班飞机后在温哥华机场航站楼边检站接受第二道检查的视频录像。
孟晚舟律师团声称，加拿大皇家骑警原来的计划是利用孟晚舟在温哥华国际机场转机去阿根廷的机会进入国泰航班的飞机客舱逮捕孟晚舟，但在加拿大司法部和美国联邦调查局介入后改变计划，转由加拿大边检局人员对孟晚舟进行检查、以搜集证据。这种做法不但是对孟晚舟人权的践踏、而且违反了加拿大司法公正的原则。加拿大这样做的目的是保护美国的利益，帮助美国在贸易战中对付中国。
孟晚舟律师团说，他们交给法庭的文件和证据对孟晚舟引渡案提供了必须了解的背景情况，这就是美国当局一直在寻找打击中国华为公司的途径，对孟晚舟等华为公司高级雇员的拘捕和调查就是打击中国华为公司计划的组成部分。
边检盘查3小时
孟晚舟律师团提供的证据显示，加拿大边检局不但要求孟晚舟进入第二道检查程序，而且在第二道检查过程中用了3个小时的时间对她进行盘查，在这3个小时期间加拿大边检局官员反复问她的公司是否与伊朗做过生意。
在孟晚舟被加拿大边检局交给皇家骑警后，皇家骑警告诉孟晚舟她被拘捕是因为美国提出了针对她的诈骗罪指控和引渡要求。孟晚舟当时的反应是显得很迷茫，她的初始回答只有一个带问号的字：Me?
不让与家人联系
后来孟晚舟问是否可以与家人联系。加拿大皇家骑警给出的回答是“不能”。
根据美国司法当局今年1月份提交给加拿大的有关引渡孟晚舟的司法文件，孟晚舟在美国面临13项诈骗、妨碍司法公正等犯罪指控；她被指控用成立实际上由华为公司控制的空壳公司的办法向伊朗出口被禁运的科技产品，并在交易中欺骗美国银行、使得参与财务程序的美国银行可能触犯了美国对伊朗的禁运法规。
等待开庭
David Ryder/Reuters
孟晚舟在等待引渡庭审期间缴纳1千万加元保金获得假释，住在其温哥华的豪宅内。对孟晚舟的引渡案不列颠哥伦比亚省高等法院将在2020年1月份开庭审理。
在孟晚舟被捕后，中国政府多次强烈要求加拿大释放孟晚舟。中国当局还以触犯国家安全法为由逮捕了两位加拿大男子，并采取了禁止加拿大油菜籽和生猪肉进入中国市场等措施。中国与加拿大的关系已降到冰点。
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- 1,393
Canadians were 'agents' of the FBI, Huawei executive's lawyers allege
Amy Smart, The Canadian Press
Published Wednesday, August 21, 2019 4:38AM EDT
Last Updated Wednesday, August 21, 2019 4:44PM EDT
VANCOUVER -- A defence team for a Chinese telecom executive is alleging Canadian officials acted as "agents" of American law enforcement while she was detained at Vancouver's airport for three hours ahead of her arrest.
In court documents released this week, defence lawyers for Huawei chief financial officer Meng Wanzhou point to handwritten notes by Canadian officers indicating Meng's electronics were collected in anticipation of a request from the Federal Bureau of Investigation in the United States.
The notes show the RCMP asked the FBI if the U.S. was interested in Meng's luggage and that a Canada Border Services Agency officer wrote down Meng's passcodes, while another questioned her about Huawei's alleged business in Iran.
This happened before she was informed of her arrest, the defence says.
"The RCMP and/or CBSA were acting as agents of the FBI for the purpose of obtaining and preserving evidence," alleges a memorandum of fact and law filed by the defence.
"The question that remains is to what extent and how the FBI were involved in this scheme."
The materials collected by the defence were released ahead of an eight-day hearing scheduled for September, in which the defence is expected to argue for access to more documentation ahead of Meng's extradition trial.
The Attorney General of Canada has yet to file a response and none of the allegations have been tested in court.
Meng's arrest at Vancouver airport has sparked a diplomatic crisis between Canada and China and drawn international scrutiny of Canadian extradition laws.
She was arrested at the behest of the U.S., which is seeking her extradition on fraud charges in violation of sanctions with Iran.
Both Meng and Huawei have denied any wrongdoing. Meng is free on bail and is living in one of her multimillion-dollar homes in Vancouver.
The RCMP and CBSA did not immediately respond to requests for comment on the documents but have said in a response to a civil claim that border officials only examined Meng and her luggage for immigration and customs purposes.
Meng extradition trial won't begin until Jan. 20, but the court documents shed light on her defence team's planned arguments that her arrest was unlawful and for the benefit of the United States.
"These are allegations of a purposeful violation of a court order and the abuse of important Canadian legal norms for improper purposes, namely, to further the objectives of the requesting state," the defence says.
They plan to argue that the U.S. committed an abuse of process by using the extradition proceedings for political and economic gain. Parts of the defence are comments by U.S. President Donald Trump that he would intervene in Meng's case "if necessary."
The seizure of electronics and questioning of Meng by border officials in Canada also follows a pattern of how Huawei employees have been treated at U.S. ports of entry.
"This targeting has included the apparent abuse of customs and immigration powers to search and question Huawei employees at various U.S. ports of entry," the documents say.
The defence accuses officers of intentionally poor note keeping that obscures what exactly happened, including why the arrest plan apparently changed.
The documents suggest that Canadian officials initially planned to arrest Meng "immediately" after she landed, by boarding the plane before she got off. Instead, three CBSA officers immediately detained Meng when she disembarked the plane while two RCMP officers stood nearby and watched, despite their knowledge of the warrant calling for her "immediate" arrest, the defence says.
The defence argues spotty notes kept by the CBSA officers constitute a "strategic omission."
"When assessed together, a clear pattern emerges from these materials: the CBSA and the RCMP have strategically drafted these documents to subvert the applicant's ability to learn the truth regarding her detention," the defence says.
Amy Smart, The Canadian Press
Published Wednesday, August 21, 2019 4:38AM EDT
Last Updated Wednesday, August 21, 2019 4:44PM EDT
VANCOUVER -- A defence team for a Chinese telecom executive is alleging Canadian officials acted as "agents" of American law enforcement while she was detained at Vancouver's airport for three hours ahead of her arrest.
In court documents released this week, defence lawyers for Huawei chief financial officer Meng Wanzhou point to handwritten notes by Canadian officers indicating Meng's electronics were collected in anticipation of a request from the Federal Bureau of Investigation in the United States.
The notes show the RCMP asked the FBI if the U.S. was interested in Meng's luggage and that a Canada Border Services Agency officer wrote down Meng's passcodes, while another questioned her about Huawei's alleged business in Iran.
This happened before she was informed of her arrest, the defence says.
"The RCMP and/or CBSA were acting as agents of the FBI for the purpose of obtaining and preserving evidence," alleges a memorandum of fact and law filed by the defence.
"The question that remains is to what extent and how the FBI were involved in this scheme."
The materials collected by the defence were released ahead of an eight-day hearing scheduled for September, in which the defence is expected to argue for access to more documentation ahead of Meng's extradition trial.
The Attorney General of Canada has yet to file a response and none of the allegations have been tested in court.
Meng's arrest at Vancouver airport has sparked a diplomatic crisis between Canada and China and drawn international scrutiny of Canadian extradition laws.
She was arrested at the behest of the U.S., which is seeking her extradition on fraud charges in violation of sanctions with Iran.
Both Meng and Huawei have denied any wrongdoing. Meng is free on bail and is living in one of her multimillion-dollar homes in Vancouver.
The RCMP and CBSA did not immediately respond to requests for comment on the documents but have said in a response to a civil claim that border officials only examined Meng and her luggage for immigration and customs purposes.
Meng extradition trial won't begin until Jan. 20, but the court documents shed light on her defence team's planned arguments that her arrest was unlawful and for the benefit of the United States.
"These are allegations of a purposeful violation of a court order and the abuse of important Canadian legal norms for improper purposes, namely, to further the objectives of the requesting state," the defence says.
They plan to argue that the U.S. committed an abuse of process by using the extradition proceedings for political and economic gain. Parts of the defence are comments by U.S. President Donald Trump that he would intervene in Meng's case "if necessary."
The seizure of electronics and questioning of Meng by border officials in Canada also follows a pattern of how Huawei employees have been treated at U.S. ports of entry.
"This targeting has included the apparent abuse of customs and immigration powers to search and question Huawei employees at various U.S. ports of entry," the documents say.
The defence accuses officers of intentionally poor note keeping that obscures what exactly happened, including why the arrest plan apparently changed.
The documents suggest that Canadian officials initially planned to arrest Meng "immediately" after she landed, by boarding the plane before she got off. Instead, three CBSA officers immediately detained Meng when she disembarked the plane while two RCMP officers stood nearby and watched, despite their knowledge of the warrant calling for her "immediate" arrest, the defence says.
The defence argues spotty notes kept by the CBSA officers constitute a "strategic omission."
"When assessed together, a clear pattern emerges from these materials: the CBSA and the RCMP have strategically drafted these documents to subvert the applicant's ability to learn the truth regarding her detention," the defence says.
从事危害中国国家安全的事情。还没判，刚逮捕。
其实是为老美做事，探听朝核的情报。中国以前一直是挣只眼闭只眼。
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加拿大以边检的名义扣留，搜查孟是不符合法律规定的。试图突击查到对她不利的证据。而不是正式以美国通缉她的罪名直接拘捕她。浏览附件851191
星期二，加拿大不列颠哥伦比亚省高等法院公布了中国华为公司首席财务官孟晚舟的律师团向法庭提交的大量文件。
孟晚舟律师团
孟晚舟律师团说，其提交的这些文件显示加拿大警方和美国当局合谋在2018年12月1日孟晚舟抵达温哥华国际机场后对其进行了非法搜查和拘留；并要求法庭下令要加拿大皇家骑警、边检局、联邦政府和美国联邦调查局交出从孟晚舟抵达温哥华机场到加拿大警方逮捕她这几个小时内互相之间的内部通讯记录，包括电子邮件、短信、通话记录等。
加拿大不列颠哥伦比亚省法庭将在下个月就孟晚舟律师团这一要加拿大和美国警方、政府机构提供其12月1日与孟晚舟被逮捕有关通讯内容的要求进行听询。
视频录像
孟晚舟律师团提交给法庭的证据中包括孟晚舟走出国泰航班飞机后在温哥华机场航站楼边检站接受第二道检查的视频录像。
孟晚舟律师团声称，加拿大皇家骑警原来的计划是利用孟晚舟在温哥华国际机场转机去阿根廷的机会进入国泰航班的飞机客舱逮捕孟晚舟，但在加拿大司法部和美国联邦调查局介入后改变计划，转由加拿大边检局人员对孟晚舟进行检查、以搜集证据。这种做法不但是对孟晚舟人权的践踏、而且违反了加拿大司法公正的原则。加拿大这样做的目的是保护美国的利益，帮助美国在贸易战中对付中国。
孟晚舟律师团说，他们交给法庭的文件和证据对孟晚舟引渡案提供了必须了解的背景情况，这就是美国当局一直在寻找打击中国华为公司的途径，对孟晚舟等华为公司高级雇员的拘捕和调查就是打击中国华为公司计划的组成部分。
边检盘查3小时
孟晚舟律师团提供的证据显示，加拿大边检局不但要求孟晚舟进入第二道检查程序，而且在第二道检查过程中用了3个小时的时间对她进行盘查，在这3个小时期间加拿大边检局官员反复问她的公司是否与伊朗做过生意。
在孟晚舟被加拿大边检局交给皇家骑警后，皇家骑警告诉孟晚舟她被拘捕是因为美国提出了针对她的诈骗罪指控和引渡要求。孟晚舟当时的反应是显得很迷茫，她的初始回答只有一个带问号的字：Me?
不让与家人联系
后来孟晚舟问是否可以与家人联系。加拿大皇家骑警给出的回答是“不能”。
根据美国司法当局今年1月份提交给加拿大的有关引渡孟晚舟的司法文件，孟晚舟在美国面临13项诈骗、妨碍司法公正等犯罪指控；她被指控用成立实际上由华为公司控制的空壳公司的办法向伊朗出口被禁运的科技产品，并在交易中欺骗美国银行、使得参与财务程序的美国银行可能触犯了美国对伊朗的禁运法规。
等待开庭
David Ryder/Reuters
孟晚舟在等待引渡庭审期间缴纳1千万加元保金获得假释，住在其温哥华的豪宅内。对孟晚舟的引渡案不列颠哥伦比亚省高等法院将在2020年1月份开庭审理。
在孟晚舟被捕后，中国政府多次强烈要求加拿大释放孟晚舟。中国当局还以触犯国家安全法为由逮捕了两位加拿大男子，并采取了禁止加拿大油菜籽和生猪肉进入中国市场等措施。中国与加拿大的关系已降到冰点。
- 注册
- 2003-04-13
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- 37,378
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- 1,393
外交部：中加关系遭遇严重困难，责任完全在加方
2019-08-22 20:33:42 来源： 新华网
新华社北京8月22日电（记者马卓言）针对加拿大总理特鲁多声称“加拿大政府在与中国的各种争端中不会退步”，外交部发言人耿爽22日在例行记者会上表示，当前中加关系遭遇了严重困难，责任完全在加方。
耿爽说，加方很清楚当前中加关系的症结。有理不在声高，公道自在人心。中方敦促加方反省错误，认真对待中方的严正立场和关切，立即释放孟晚舟。
耿爽还表示，加方近来在涉港问题上频频发声，有一系列的错误言论。他再次指出，香港事务纯属中国内政，不容任何国家、组织和个人干预。加方没有任何资格和权利来妄议香港事务。“我们希望加方能够遵循国际法和国际关系基本准则，停止在香港事务上说三道四、指手画脚，干涉中国内政。”
2019-08-22 20:33:42 来源： 新华网
新华社北京8月22日电（记者马卓言）针对加拿大总理特鲁多声称“加拿大政府在与中国的各种争端中不会退步”，外交部发言人耿爽22日在例行记者会上表示，当前中加关系遭遇了严重困难，责任完全在加方。
耿爽说，加方很清楚当前中加关系的症结。有理不在声高，公道自在人心。中方敦促加方反省错误，认真对待中方的严正立场和关切，立即释放孟晚舟。
耿爽还表示，加方近来在涉港问题上频频发声，有一系列的错误言论。他再次指出，香港事务纯属中国内政，不容任何国家、组织和个人干预。加方没有任何资格和权利来妄议香港事务。“我们希望加方能够遵循国际法和国际关系基本准则，停止在香港事务上说三道四、指手画脚，干涉中国内政。”
