你们脸肿的都挂满军功章了，还怕在奖章比赛中落后，争先恐后地来论坛要求被打，才有新地方挂新奖章。谁说华人不团结，窝里斗来着，你们男女齐心，蛮团结的。
忘了，华人反华人时最团结，热老师有时讲话还是很有道理的。
引渡与否，与我何干？看你们工作积极认真，帮你们添点事。
最后编辑:
Canada's ambassador to China says Meng has strong defence to fight extradition
- 主题发起人 谷歌大侠
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忘了，华人反华人时最团结，热老师有时讲话还是很有道理的。
引渡与否，与我何干？看你们工作积极认真，帮你们添点事。
bigpizza33
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你认错人了，我既不是保粉，也不是自粉，只是发表一下关于引渡的看法而已。
孟这个案子，100%会进入引渡步骤，接下来几年孟肯定会打官司。
将错就错吧，你这ID也是伪的。
看看自由党想怎么演。
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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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cathlethorpe
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对于孟晚舟案，中国外交部、中国驻加拿大使馆、华为所在地深圳市官方均发声，强求加拿大和美国无条件放人。但有关中共总书记习近平本人对该案的态度外界一直无从知晓。
当地时间1月22日，加拿大驻华大使麦卡廉（John McCallum）在多伦多召集中文媒体就孟晚舟案发声，他罕见地提到“习近平对孟晚舟案很愤怒，政府中其他人士也持相同态度”。
由于麦卡廉的身份能够接触到北京高层的一些信息，因此有关习近平对孟晚舟的真实态度就以这种方式披露出来。
孟晚舟于2018年12月1日在加拿大转机时被捕，同一天，习近平和美国总统特朗普（Donald Trump）在阿根廷举行会晤，商谈结束中美贸易战。
有报道声称，虽然习近平事发当天就知晓孟晚舟被捕，但从未有公开报道证实此事。不过，公开报道谈到特朗普团队在习特会登场前就了解此事。
此后的2018年12月11日，特朗普在接受路透社专访时暗示，释放孟晚舟可以是中美更广泛的贸易协议的一部分。他说，如果符合美国的国家安全利益，同时能够帮助中美达成贸易协议，他会就针对孟晚舟的案子干预美国司法部。
观察人士称，美国指使加拿大逮捕孟晚舟，虽然表面冲着华为来的，但实际上这是华盛顿计划打击中国高科技产业的一部分，这与北京打算通过中国制造2025实现强国梦相抵触，习近平有理由表达愤怒，只是习近平的真实态度很难从北京的主流媒体的口中传递出来。
当地时间1月22日，加拿大驻华大使麦卡廉（John McCallum）在多伦多召集中文媒体就孟晚舟案发声，他罕见地提到“习近平对孟晚舟案很愤怒，政府中其他人士也持相同态度”。
由于麦卡廉的身份能够接触到北京高层的一些信息，因此有关习近平对孟晚舟的真实态度就以这种方式披露出来。
孟晚舟于2018年12月1日在加拿大转机时被捕，同一天，习近平和美国总统特朗普（Donald Trump）在阿根廷举行会晤，商谈结束中美贸易战。
有报道声称，虽然习近平事发当天就知晓孟晚舟被捕，但从未有公开报道证实此事。不过，公开报道谈到特朗普团队在习特会登场前就了解此事。
此后的2018年12月11日，特朗普在接受路透社专访时暗示，释放孟晚舟可以是中美更广泛的贸易协议的一部分。他说，如果符合美国的国家安全利益，同时能够帮助中美达成贸易协议，他会就针对孟晚舟的案子干预美国司法部。
观察人士称，美国指使加拿大逮捕孟晚舟，虽然表面冲着华为来的，但实际上这是华盛顿计划打击中国高科技产业的一部分，这与北京打算通过中国制造2025实现强国梦相抵触，习近平有理由表达愤怒，只是习近平的真实态度很难从北京的主流媒体的口中传递出来。
cathlethorpe
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北京应对国内民族主义情绪？
对于孟晚舟案，中美两国民意看法各异。美国人笃信官方说法，即华为违反了美国对伊朗的制裁，而且华为也给美国带来安全威胁。中国则将华为视为民族脊梁、中国5G（第五代移动通信）技术发展的推动者，以及中国2025战略的主要参与者。所以，双方任何一方都不会轻易让步，否则就会被国内视为向对方示软。尤其在中国，北京也面临如应对孟晚舟被引渡至美国的压力，其中不乏管控国内民族主义情绪。
美国如何维护所谓的司法独立性？
如果孟晚舟被引渡至美国，意味着美国将正式接手这一“烫手山芋”。外界有很多疑问，比如，美国究竟会如何处理孟晚舟案；美国逮捕孟晚舟是否存在伦理上的问题，也就是说，美国逮捕孟晚舟只是为开启对华为展开法律调查的第一步？或者说，孟晚舟被引渡至美国，会不会成为特朗普勒索北京的人质？这些疑问都会考验美国的司法独立性。
其实，从美国三权制衡、司法部角色以及司法部（检察官）和司法权（法院）之间关系来看，美国不存在所谓的司法独立。司法部是美国联邦政府官僚扩张的产物，受国会的影响，隶属于行政部门，很难体现真正的或绝对的司法调查的独立性。 很多所谓的司法独立案件其实都绕不开党派斗争。法官们本身就有自己的政治倾向，否则不会被共和党总统或民主党总统选中，也不会被国会参议院通过。
而且，孟晚舟事件本质上也是美国右翼粗暴阻碍中国技术崛起的做法。即便是特朗普有意将孟晚舟当做中美谈判的人质，美国右翼也会百般阻挠和狡辩，依然强调美国司法的独立性。
总之，孟晚舟若被引渡至美国，美国不但面临来自中国政府的施压，而且也不得不接受各方对其司法独立性、甚至民主价值观的拷问。
对于孟晚舟案，中美两国民意看法各异。美国人笃信官方说法，即华为违反了美国对伊朗的制裁，而且华为也给美国带来安全威胁。中国则将华为视为民族脊梁、中国5G（第五代移动通信）技术发展的推动者，以及中国2025战略的主要参与者。所以，双方任何一方都不会轻易让步，否则就会被国内视为向对方示软。尤其在中国，北京也面临如应对孟晚舟被引渡至美国的压力，其中不乏管控国内民族主义情绪。
美国如何维护所谓的司法独立性？
如果孟晚舟被引渡至美国，意味着美国将正式接手这一“烫手山芋”。外界有很多疑问，比如，美国究竟会如何处理孟晚舟案；美国逮捕孟晚舟是否存在伦理上的问题，也就是说，美国逮捕孟晚舟只是为开启对华为展开法律调查的第一步？或者说，孟晚舟被引渡至美国，会不会成为特朗普勒索北京的人质？这些疑问都会考验美国的司法独立性。
其实，从美国三权制衡、司法部角色以及司法部（检察官）和司法权（法院）之间关系来看，美国不存在所谓的司法独立。司法部是美国联邦政府官僚扩张的产物，受国会的影响，隶属于行政部门，很难体现真正的或绝对的司法调查的独立性。 很多所谓的司法独立案件其实都绕不开党派斗争。法官们本身就有自己的政治倾向，否则不会被共和党总统或民主党总统选中，也不会被国会参议院通过。
而且，孟晚舟事件本质上也是美国右翼粗暴阻碍中国技术崛起的做法。即便是特朗普有意将孟晚舟当做中美谈判的人质，美国右翼也会百般阻挠和狡辩，依然强调美国司法的独立性。
总之，孟晚舟若被引渡至美国，美国不但面临来自中国政府的施压，而且也不得不接受各方对其司法独立性、甚至民主价值观的拷问。
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如果今年联邦大选，小土豆的自由党下台。新的执政党第一件事就是召回这个驻华大使。据说他的三个儿子都娶的华裔媳妇。
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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.
