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

  • 主题发起人 主题发起人 ccc
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Legal wranglings surrounding the extradition proceedings facing Huawei Technologies Co. Ltd. CFO Meng Wanzhou will resume Monday, as defence lawyers will formally apply for a stay in the case.

While the formal extradition hearing itself will not get underway until next January, the application for a stay (due to what Meng’s defence team describes as an “abuse of process” by Canadian authorities in arresting the Huawei executive at YVR last December) could reveal important information on the case, legal observers say.

Defence lawyer Richard Peck said in filings earlier this summer that Meng is not seeking the disclosure of information pertaining to actions by the United States and comments made by President Donald Trump that the defence views as “threatening in nature, corrosive to the rule of law, and abusive to the processes of the Extradition Act.”

Rather, Meng’s defence appears to want to focus on the events surrounding the actual arrest at YVR on Dec. 1, 2018. In court documents, Peck is seeking clarification on the actions of the Canada Border Services Agency (CBSA) and the RCMP on whether Meng’s arrest was intentionally delayed for authorities to “unlawfully detain, search and interrogate” the Huawei executive.

The U.S. has accused Meng and Huawei of violating U.S. trade sanctions in Iran, laundering the proceeds through the American banking system, and stealing technological secrets from other companies in the United States.

Renowned immigration lawyer (and federal policy consultant) Richard Kurland said the stay application process will likely be highly technical and drawn out, meaning the most heated points of contention will not be discussed until the main extradition hearing launches in January.

Rather, Kurland likened the proceedings starting Monday as “assembling a castle stone-by-stone,” as the defence and crown prosecutors try to establish a baseline of facts and evidence from which the formal arguments will be made.

“Likely, their [the defence’s] aim is the challenge information and documents to prevent some of it going into evidence, and they will try to build the case with the goal of establishing the need for a stay of proceedings,” Kurland said. “That could be the manner in which the information is gathered. It could be in support of a fact pattern that supports a Charter [of Rights and Freedoms] violation… It’s meticulous work with lots of Q&A, and it’s all rather technical.”

A key piece of information, Kurland noted, may be the recording (video or audio) of Meng’s interview with authorities. This summer, some video of Meng’s wait while under CBSA/RCMP detention was released, but Kurland said the recordings of the actual interview would be fundamentally important in the case.

“Is there another tape available? Is there a disclosure of all the recordings, audio and visual?” he said. “I know in my cases involving CBSA, in interviews with clients, typically those interviews are recorded by the CBSA… So my question is, has this information been disclosed yet? Because that’s key.”

While unlikely, the Meng case could theoretically be resolved quickly if the Supreme Court of British Columbia determines a stay is warranted. The case could also be resolved if the government of Canada (under justice minister David Lametti) decides to withdrawn extradition proceedings, although experts have said such a move would cause serious rancour between Ottawa and Washington.

The Meng case has driven Ottawa’s relationship with Beijing into the deep freeze, with two Canadians now detained in China on espionage charges (which are widely seen as retaliation for Meng’s arrest) and Canadian canola, pork and beef exports halted earlier this year.

https://www.vancourier.com/news/nex...gal-proceedings-to-kick-off-monday-1.23953561
 
孟晚舟案周一庭審 辯方爭取終止案件
2019年09月22日 17:36


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華為科技公司財務長孟晚舟案件將於周一起一連8天在卑詩省高等法院進行聆訊。孟晚舟律師團將申請向法院申請終止案件。律師團將爭辯是美國總統特朗普試圖利用其當事人作為美中貿易談判中的籌碼,此外,律師團也將以孟晚舟去年12月在溫哥華機場遭拘留和逮捕過程有「濫用和違法之嫌」予以佐證來駁斥此案。

周一開啟的停審並非是引渡聆訊,而是5月時法官訂出的信息披露申請聆訊,真正要展開引渡聆訊最快要到明年1月。

孟晚舟的律師團在聆訊前提交法院的文件提到,特朗普總統曾經公開表示,如果能夠在與北京的貿易中達成協議,他願意干預美國司法部針對孟的案件。這代表「美國正試圖利用這些引渡程序謀求經濟和政治利益。」

孟的代表律師佩克(Richard Peck)並在文件中要求加拿大邊境服務局(CBSA)和加拿大皇家騎警說明是否採取行動故意對孟進行「非法的拘留、搜查及盤問」(unlawfully detain, search and interrogate),這些行徑似乎為了故意拖延正式拘捕孟晚舟的時間。

美國指責孟晚舟和華為違反美國在伊朗的貿易制裁禁令,並從美國其他公司竊取科技機密。

移民律師李克倫(Richard Kurland)接受《Business in Vancouver》採訪時表示,辯方和檢控官試圖建立事實和證據的基線,並據此進行正式論證,周一的庭審將拉開宛如一個個石頭砌成的城堡般,讓外界清晰看到細部。

他相信「辯方的目的是提出質疑信息和文件,以防止其中的某些證據成為法庭有效證據。中止訴訟程序是他們的目標。」

李克倫指出,關鍵信息可能是孟晚舟在接受當局採訪時的錄音(視頻或音頻)。今年夏天,CBSA發布了孟晚舟曾在拘留期間等待的錄像,但他說,CBSA涉及的案件中,都會錄下與當事人的對話,因此這些錄音檔案更重要。

如果卑詩省最高法院裁定終止此案,孟晚舟案件自然很快就了結。此外,就算最終孟晚舟走完了加拿大司法程序而被判定要引渡,聯邦司法部長還是有權終止引渡。

自從孟晚舟被逮捕後,中國隨即拘捕了兩名加拿大人 - 康明凱(Michael Kovrig)和斯帕弗(Michael Spavor)。

CBC報道,卑詩大學亞洲學系教授包義文(Paul Evans)說,孟晚舟案拖得越久,康明凱和斯帕弗的處境就更令人擔憂,兩人目前僅獲一個月一次的領事訪問權利,連律師和家人都見不著。

https://www.singtao.ca/3784508/2019-09-22/news-孟晚舟案周一庭審+++辯方爭取終止案件/?variant=zh-hk
 
孟晚舟将于9月23日再次出庭 美媒:或将影响加拿大选情
2019-09-22 11:38:56

华为高管孟晚舟将在当地时间9月23日再次出庭,对此有分析指出,由孟晚舟被捕一事引发的一连串后续事件将影响加拿大联邦大选,并且加拿大民众如今已意识到特鲁多政府无法维持好当初与中国建立的战略关系这一现实。

美国彭博社9月22日刊文称,华为首席财务官孟晚舟将于9月23日再次出庭与可能对她采取的引渡措施的加拿大当局作新一轮斗争,而与此同时加拿大大选也即将开始,该国民众需要选出一位合适的总理去应对未来可能与中国进行的前所未有的对抗。

文章称,孟晚舟的被捕导致中加两国关系陷入自建交以来最为黑暗的时期并且目前几乎没有出现缓和的可能,因此这将是下月参加加拿大联邦大选的各政党候选人所面临的最为棘手的挑战之一,而现任总理特鲁多(Justin Trudeau)则拒绝干预引渡程度的启动并坚称孟晚舟一案将由法院主导,这导致他过去五年间所实施的对华政策遭遇失败并且对其争取第二个总理任期来说不利。

文章指出,受孟晚舟被捕一事影响,随后有两名加拿大在华公民因间谍罪指控而入狱,另有两名加拿大公民(因被指控贩毒)被判处死刑,并且中方还拒绝了价值近38亿美元的加拿大农产品出口至中国,此外由于加拿大“亲北京群体”与藏独、东突以及香港自由派人士之间不断爆发冲突,使得人们越发担心中国可能会通过间谍手段对加拿大进行干预。

对此加拿大自由党人士、加拿大前国家安全顾问理查德•法登(Richard Fadden)表示,加拿大民众如今已认识到特鲁多政府无法维持与中国最初建立起来的战略伙伴关系。




2018年12月1日加拿大警方应美国司法部的要求逮捕了当时正在温哥华转机的华为高管孟晚舟,而当天中美领导人曾在阿根廷就两国贸易问题展开过会晤。(Reuters)
加拿大中文报纸专栏作家Gao Bingchen也指出,孟晚舟的被捕以及此事引发的一系列后续事件迫使加拿大民众逐渐醒来,他们开始考虑需要付出何种代价才能与中国保持良好的外交关系并且他们是否付得起这种代价。

此外文章还提到了加拿大皇家骑警国家情报中心主任卡梅伦•奥蒂斯(Cameron Ortis)不久前被指控泄露机密一事,称此事会进一步影响加拿大在“五眼联盟”(Five Eyes)中的地位,因为“加拿大长期以来不愿对北京干预该国政治与社会的行为采取行动”,这与另一成员国澳大利亚有着明显区别。

文章称,预计加拿大法院会在今年下半年对孟晚舟一案做出最后裁决,而根据以往的案例,大多数此类案件将以实施引渡而结束,但这样做无疑会使风险性进一步提升。

据了解,北京时间9月5日中国外交部发言人耿爽再次就中加关系发表观点,他指出当前中加关系正遭遇严重困难,其责任完全在加方并且加方很清楚症结在哪里,中方敦促加方反省错误并认真对待中方的严正立场和关切,立刻释放孟晚舟女士平安回国。

http://news.dwnews.com/global/news/2019-09-22/60150120.html
 
【孟晚舟案直擊】孟晚舟面帶笑容出庭 法院外無人示威
星岛日报, 2019年09月23日 13:04


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10:00

孟晚舟案件再度於卑詩省高等法院開庭審理,她穿著棕色厚風衣,身穿紫色衣裙,提著灰色手包,大約在9:45分抵達法庭現場。她看起來比過去清瘦些,精神很好,一直保持笑容。

中國駐溫哥華領事館副總領事王承軍也到達現場旁聽。其餘旁聽民眾共約60人。

周一開啟的庭審一連8天,並非是引渡聆訊,而是5月時法官訂出的信息披露申請聆訊,引渡聆訊最快要到明年1月才開始。

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孟晚舟今早出庭時腳上按法庭規定須繫有腳鐐。(加通社)

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9:45

媒體記者很早即在法庭門口守候孟晚舟,但她並未從正門進入,估計從停車場入內。法庭也很平靜,未有抗議或支持孟晚舟者到場舉標語。

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(隨時更新)
 
最后编辑:
【孟晚舟案直擊】孟晚舟面帶笑容出庭 法院外無人示威
星岛日报, 2019年09月23日 13:04


20190923130728_VCRD10320875.jpg


20190923134552_VCRD10920883-600x397.jpg


10:00

孟晚舟案件再度於卑詩省高等法院開庭審理,她穿著棕色厚風衣,身穿紫色衣裙,提著灰色手包,大約在9:45分抵達法庭現場。她看起來比過去清瘦些,精神很好,一直保持笑容。

中國駐溫哥華領事館副總領事王承軍也到達現場旁聽。其餘旁聽民眾共約60人。

周一開啟的庭審一連8天,並非是引渡聆訊,而是5月時法官訂出的信息披露申請聆訊,引渡聆訊最快要到明年1月才開始。

20190923130710_VCRD10120874-521x600.jpg


20190923132612_VCRD10420878-600x403.jpg

孟晚舟今早出庭時腳上按法庭規定須繫有腳鐐。(加通社)

20190923131827_VCRD10520877-593x600.jpg


9:45

媒體記者很早即在法庭門口守候孟晚舟,但她並未從正門進入,估計從停車場入內。法庭也很平靜,未有抗議或支持孟晚舟者到場舉標語。

IMG-20190923-WA0000-600x450.jpg


IMG-20190923-WA0001-600x450.jpg


(隨時更新)
这个气质,不是一般人能学会的。。。这叫“吃过见过”,不卑不亢,表现出共产党员视死如归,大无畏的革命信念,点赞!

要穿上旗袍带上围脖,就有点儿江雪琴的味道了。
 
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  孟晚舟引渡案9月23日在温哥华一家法庭再度开庭,中间休庭时孟晚舟出外用餐。
 
这个气质,不是一般人能学会的。。。这叫“吃过见过”,不卑不亢,表现出共产党员视死如归,大无畏的革命信念,点赞!

要穿上旗袍带上围脖,就有点儿江雪琴的味道了。

是江竹筠。

江竹筠(1920年8月20日——1949年11月14日),四川省自贡市大山铺镇江家湾人,中国共产党地下时期重庆地区组织的重要人物,为中国共产党追认的女烈士。

1939年加入中国共产党。1945年与彭咏梧结婚,婚后负责中共重庆市委地下刊物《挺进报》的组织发行工作。1948年,彭咏梧在中共川东临时委员会委员兼下川东地委副书记任上战死,江竹筠接任其工作。

1948年6月14日,江竹筠在万县被捕,被关押于位于重庆的国民政府军统渣滓洞集中营,遭酷刑仍拒屈、拒不交出军统所要的中共地下党情报;1949年11月14日,重庆被中国人民解放军重重包围之际,被国民政府军统于渣滓洞监狱所杀并毁尸。
 
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Lawyers for Canada's attorney general claim Meng Wanzhou's legal team is on a "fishing" expedition in its attempts to prove Canadian and U.S. authorities colluded in the arrest of the Huawei executive.

The Crown's response to the accusation of collusion was released Monday on the first day of hearings in B.C. Supreme Court, in which Meng's lawyers are attempting to access records pertaining to her arrest at Vancouver's airport in December 2018.

The Huawei chief financial officer's legal team claims the Canada Border Services Agency detained Meng for three hours before RCMP arrested her in order to conduct a "covert criminal investigation" at the behest of the FBI.

But the Crown says Meng was treated like any other traveller seeking entry to Canada with an arrest warrant in their name.

And it claims that despite being provided with volumes of records, her defence team has been unable to prove otherwise.

Meng "is fishing with a drift net cast broadly and indiscriminately in an effort to catch information," the Crown claims in its response.

"There was no conspiracy. The only plan was for the CBSA to carry out its lawful mandate and nothing more."

Smiling and talking to well-wishers

American prosecutors want Meng extradited for allegedly lying to banks about Huawei's relationship with an alleged subsidiary said to be violating U.S. sanctions against Iran.

Meng's actual extradition hearing is set to begin in January 2020, but the defence is arguing in advance for access to documents it claims will help prove Meng's arrest amounted to an abuse of process.


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Meng's ankle monitoring bracelet can be seen between the hem of her dress and her stylish shoes. (Ben Nelms/CBC)

Her legal team ultimately plans to argue that an alleged violation of her rights at the time of her arrest, combined with political interference from U.S. President Donald Trump, should warrant a stay of proceedings.

A lineup formed outside the fifth-floor courtroom well before Associate Chief Justice Heather Holmes took her seat behind the bench. It was the first time Meng had been in the court since May.

Dressed in a long, soft rust-coloured overcoat and purple dress, she strode past the line in glittering silver pumps, offset by a black ankle monitor strapped to her leg as part of her bail conditions.

She stopped to speak in Mandarin with two female supporters, politely declining interview requests from a number of reporters.

The two women clutched her arm and Meng touched the corner of her eye with her finger as they spoke. An onlooker said they were talking about medical matters.

Inside the court, she and a translator were allowed to move from the prisoner's box to a bench behind her legal team where they pored through the volumes of legal documents entered into the record.

'Looks like may have been collusion'

The hearing concerns the events leading up to and including Meng's arrest.

Her lawyers claim there was an original plan to arrest Meng on the plane when it arrived from Hong Kong. Instead, CBSA officers detained her for three hours before RCMP stepped in, searching her bags, seizing her electronic devices and asking her questions.

The defence filed its own response to the Crown's arguments, citing documents received in the past two weeks which it claims show the concern CBSA administrators had about the appearance of wrongdoing.


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A still from a video of Meng filed as part of court proceedings. The Crown says she was treated the same way as any other traveller. (Court proceedings)

It points to a set of handwritten notes from an assistant to the vice-president of CBSA which "relate to at least two different planning calls or meetings where senior CBSA officials strategized on how they would portray" the arrest.

"Did CBSA have authority to hand over her stuff to RCMP?" one of the questions reads. "For outsiders/lawyers looks like may have been collusion, even if not."

Meng's lawyers claim the CBSA then came up with talking points to "explain their conduct."

"As these notes reflect, to outsiders and lawyers, it 'looks like there may have been collusion,'" her lawyers state.

"There is evidence that multiple Canadian law enforcement agencies concocted a plan to misuse Canadian immigration processes to gather evidence. In other words, there is evidence of abusive state conduct directed at [Meng]."

'Standard procedure'

But the Crown says there is no evidence RCMP and CBSA officers discussed plans for her arrest.

They claim Meng was subject to "standard procedure" for any traveller. And that since an arrest warrant for fraud relating to Iran showed up on the system, it would have been natural for her to be questioned.

"The fact that after consulting with CBSA about standard procedures, it was determined that the RCMP should wait until the immigration procedure was completed accords with common sense," the Crown says.

"The CBSA processes hundreds of thousands of individuals each year at YVR and are the first point of contact for travellers from abroad entering Canada."

The CBSA says Meng's electronic devices were never searched. They also say the FBI requested information about Meng's interviews in the months following her detention but were denied access by the CBSA. In order for a judge to order more access to the records in question, the defence has to prove that its allegations have an "air of reality."

But the Crown says Meng's lawyers have failed to make their case.

"There has been no improper conduct on the part of the requesting state, no 'sham' proceedings conducted by Canadian officials or otherwise improper conduct," the Crown says.

The hearing is expected to extend into next week.
 
https://vancouversun.com/news/local-news/court-to-hear-disclosure-arguments-in-meng-wanzhou-case

Huawei exec's disclosure application a 'fishing expedition': Crown
Huawei executive Meng Wanzhou’s lawyers allege Canadian officials acted as “agents” of the FBI.
Keith Fraser
Updated: September 23, 2019

A disclosure application by Huawei executive Meng Wanzhou amounts to nothing more than a “fishing expedition,” say lawyers for the federal government.

Meng, who was arrested at the Vancouver airport on Dec. 1 last year and is being sought for extradition to the U.S. to face fraud charges, has filed an application seeking more disclosure that she hopes will prove her allegation that there was an abuse of process in her case and that Canadian and U.S. authorities engaged in misconduct.

In her application, the chief financial officer of Huawei claims that the RCMP and the Canada Border Services Agency (CBSA) were acting as agents for the F.B.I. for the purpose of obtaining and preserving evidence following her arrest.

She says the alleged misconduct includes the filing of a misleading affidavit by the RCMP to obtain a court order for the arrest and allegedly disobeying the order requiring that she be immediately taken into custody following her arrival at the airport.

The daughter of the company’s billionaire founder also claims that there was an attempt to conceal the misconduct through misleading notes and declarations that have been released.

The disclosure sought includes all “pertinent” notes, emails, texts, reports and memoranda of the RCMP, CBSA, ministry of justice and the federal government.

It also includes all communications between the U.S. Attorney’s office and other U.S. law enforcement, including the FBI and the U.S. Department of Justice, as well as communications with the RCMP and CBSA.

Meng’s lawyers claim that she was arbitrarily detained for three hours at the airport and compelled to hand over her electronic devices and passcodes. They say that the court order required that officials arrest her immediately.

In court Monday, Meng’s lawyer Richard Peck began what is expected to be several days of submissions on the disclosure application.

At the same time, the Crown, which is acting on behalf of U.S. authorities, released to the public its written submissions on the application which deny any misconduct on the part of U.S. and Canadian authorities and take aim at the application itself.

Government lawyers, noting that the extradition case relates to Meng allegedly misrepresenting facts to a bank regarding Huawei’s business dealings in Iran resulting in HSBC extending US$900 million of credit to the Chinese tech giant, say that the disclosure application does not relate directly to those allegations.

Instead, Meng seeks to obtain documents in a bid to show that the RCMP and CBSA engaged in improper communications with U.S. officials leading to actions amounting to an abuse of process, says the Crown.

To obtain the disclosure, Meng must prove there is an “air of reality” to the allegations, but the Crown says there is no evidence to back up her claims.

“There is no evidence the CBSA or RCMP acted improperly, much less abusively,” says the 54-page Crown document. “The applicant has also failed to demonstrate that her allegations could justify the draconian remedy of a stay of proceedings.

“There is no evidence that the conduct of officials, either Canadian or foreign, has compromised the fairness of the extradition proceedings or tainted the proceedings in any other manner such that a stay would be required.”

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Huawei executive Meng Wanzhou leaves her disclosure application hearing at B.C. Supreme Court in Vancouver on Monday, Sept. 23, 2019. Nick Procaylo / PNG

The Crown says that it has already made extensive disclosure to Meng and that the additional disclosure being sought is either not relevant to a material fact or is privileged.

“This application can only be characterized as a fishing expedition for materials she hopes will reveal the speculative conspiracy she alleges,” says the Crown response. “Courts have repeatedly held that fishing expeditions are not permitted when an applicant seeks disclosure in extradition.”

The disclosure application is being heard in advance of the actual extradition hearing, which is expected to get under way in January.

The arrest touched off an international furor, as the Chinese government claimed that Meng’s human rights were being violated and Canadian officials responded by saying that they were merely following extradition protocols.

It came amidst a trade war between China and the U.S. and has resulted in Beijing taking several actions including what some critics have said are retaliatory arrests of several Canadian citizens and blocking imports of canola seeds, pork and beef from Canada.

Meng, who is expected to appear in court for the proceedings, remains out on $10-million bail and is living in one of her two Vancouver homes.

She appeared relaxed during her court appearance Monday, chatting amiably with several women outside court as she awaited the start of the proceedings.

The U.S. alleges that Meng participated in a scheme to circumvent U.S. trade sanctions against Iran. She has been charged with multiple counts of mail and wire fraud and, if convicted, faces a lengthy jail term. Meng and Huawei have denied the allegations.
 
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Huawei executive Meng Wanzhou was back in a Vancouver courtroom on Monday, with lawyers battling over the disclosure of documents related to her upcoming extradition trial.

Meng, still wearing an electronic ankle bracelet, sat attentively in the chamber at the B.C. Supreme Court, in close communication with her interpreter and frequently referring to documents.

Meng’s legal team argues she was unlawfully detained at Vancouver International Airport last December at the direction of U.S. authorities, and is seeking detailed documents it says will help make an argument that her Charter rights were violated.

A court submission released Monday by the Attorney General of Canada show a series of disclosure requests by Meng’s legal team in the time since her arrest.

The AG’s office says it made several disclosures, including RCMP and Canada Border Services Agency (CBSA) notes from the day of the arrest, video and audio recordings and the provisional arrest request from the U.S.

The AG’s submission argues Canada has already gone above and beyond its disclosure duties to Meng, and argues she was now engaged in a “fishing expedition for materials she hopes will reveal the speculative conspiracy she alleges.”

Meng’s response to the AG’s submission, also released Monday, argues the government’s disclosure to this point does “little to answer questions raised regarding the conduct of the RCMP and CBSA.”

In court Monday, Meng’s defence team renewed its argument that the CBSA, RCMP and and the Department of Justice coordinated improperly to obscure the real reason for her detention, amounting to an “abuse of process.”

Her lawyer told the court Canadian border officials and police had conducted a “covert criminal investigation” under the pretense of a routine border check, delaying her arrest so that CBSA officers could interrogate her and collect evidence for U.S. authorities.

Her lawyer also told the court that the Federal Bureau of Investigation (FBI) had made it a priority to have Meng’s electronic devices seized, and that the Canadian authorities had accepted the U.S. agency’s request without question.

Canadian officials deny the allegations.

In its submissions, the AG argues that the CBSA acted within its rights to examine anyone entering Canada and their property.

“Where, as in the applicant’s circumstance, a foreign national is the subject of a foreign indictment and an extradition arrest warrant, the examination will properly cover concerns about potential inadmissibility,” states the AG’s submission.

“The CBSA properly fulfilled its role in examining the applicant and her goods to assess her admissibility,” it adds, arguing that the RCMP acted within the law to arrest Meng once her border examination was complete.

None of the allegations in the case have been tested in court.

Meng was arrested at the behest of the United States, which is seeking her extradition on fraud charges in violation of sanctions with Iran.

Both Meng and Chinese tech giant Huawei have denied any wrongdoing.

Her arrest sparked a diplomatic crisis between Canada and China.

Meng is the chief financial officer of Huawei and the daughter of the company’s founder.

Her extradition trial won’t begin until Jan. 20. Meng is free on bail and living in Vancouver.

-With files from the Canadian Press
 
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Lawyers for Canada's attorney general claim Meng Wanzhou's legal team is on a "fishing" expedition in its attempts to prove Canadian and U.S. authorities colluded in the arrest of the Huawei executive.

The Crown's response to the accusation of collusion was released Monday on the first day of hearings in B.C. Supreme Court, in which Meng's lawyers are attempting to access records pertaining to her arrest at Vancouver's airport in December 2018.

The Huawei chief financial officer's legal team claims the Canada Border Services Agency detained Meng for three hours before RCMP arrested her in order to conduct a "covert criminal investigation" at the behest of the FBI.

But the Crown says Meng was treated like any other traveller seeking entry to Canada with an arrest warrant in their name.

And it claims that despite being provided with volumes of records, her defence team has been unable to prove otherwise.

Meng "is fishing with a drift net cast broadly and indiscriminately in an effort to catch information," the Crown claims in its response.

"There was no conspiracy. The only plan was for the CBSA to carry out its lawful mandate and nothing more."

Smiling and talking to well-wishers

American prosecutors want Meng extradited for allegedly lying to banks about Huawei's relationship with an alleged subsidiary said to be violating U.S. sanctions against Iran.

Meng's actual extradition hearing is set to begin in January 2020, but the defence is arguing in advance for access to documents it claims will help prove Meng's arrest amounted to an abuse of process.


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Meng's ankle monitoring bracelet can be seen between the hem of her dress and her stylish shoes. (Ben Nelms/CBC)

Her legal team ultimately plans to argue that an alleged violation of her rights at the time of her arrest, combined with political interference from U.S. President Donald Trump, should warrant a stay of proceedings.

A lineup formed outside the fifth-floor courtroom well before Associate Chief Justice Heather Holmes took her seat behind the bench. It was the first time Meng had been in the court since May.

Dressed in a long, soft rust-coloured overcoat and purple dress, she strode past the line in glittering silver pumps, offset by a black ankle monitor strapped to her leg as part of her bail conditions.

She stopped to speak in Mandarin with two female supporters, politely declining interview requests from a number of reporters.

The two women clutched her arm and Meng touched the corner of her eye with her finger as they spoke. An onlooker said they were talking about medical matters.

Inside the court, she and a translator were allowed to move from the prisoner's box to a bench behind her legal team where they pored through the volumes of legal documents entered into the record.

'Looks like may have been collusion'

The hearing concerns the events leading up to and including Meng's arrest.

Her lawyers claim there was an original plan to arrest Meng on the plane when it arrived from Hong Kong. Instead, CBSA officers detained her for three hours before RCMP stepped in, searching her bags, seizing her electronic devices and asking her questions.

The defence filed its own response to the Crown's arguments, citing documents received in the past two weeks which it claims show the concern CBSA administrators had about the appearance of wrongdoing.


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A still from a video of Meng filed as part of court proceedings. The Crown says she was treated the same way as any other traveller. (Court proceedings)

It points to a set of handwritten notes from an assistant to the vice-president of CBSA which "relate to at least two different planning calls or meetings where senior CBSA officials strategized on how they would portray" the arrest.

"Did CBSA have authority to hand over her stuff to RCMP?" one of the questions reads. "For outsiders/lawyers looks like may have been collusion, even if not."

Meng's lawyers claim the CBSA then came up with talking points to "explain their conduct."

"As these notes reflect, to outsiders and lawyers, it 'looks like there may have been collusion,'" her lawyers state.

"There is evidence that multiple Canadian law enforcement agencies concocted a plan to misuse Canadian immigration processes to gather evidence. In other words, there is evidence of abusive state conduct directed at [Meng]."

'Standard procedure'

But the Crown says there is no evidence RCMP and CBSA officers discussed plans for her arrest.

They claim Meng was subject to "standard procedure" for any traveller. And that since an arrest warrant for fraud relating to Iran showed up on the system, it would have been natural for her to be questioned.

"The fact that after consulting with CBSA about standard procedures, it was determined that the RCMP should wait until the immigration procedure was completed accords with common sense," the Crown says.

"The CBSA processes hundreds of thousands of individuals each year at YVR and are the first point of contact for travellers from abroad entering Canada."

The CBSA says Meng's electronic devices were never searched. They also say the FBI requested information about Meng's interviews in the months following her detention but were denied access by the CBSA. In order for a judge to order more access to the records in question, the defence has to prove that its allegations have an "air of reality."

But the Crown says Meng's lawyers have failed to make their case.

"There has been no improper conduct on the part of the requesting state, no 'sham' proceedings conducted by Canadian officials or otherwise improper conduct," the Crown says.

The hearing is expected to extend into next week.


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