Efforts by lawyers for Huawei CFO Meng Wanzhou to halt extradition proceedings that would send her to the U.S. to face fraud charges received a blow yesterday. The Supreme Court of British Columbia ruled that the charges against her fall within the boundaries of Canadian extradition law. The ruling, delivered by Superior Court Associate Chief Justice Heather Holmes, means that Meng will remain in Canadian custody and the extradition proceedings will proceed.
Meng, who has been under house arrest since December 2018 in British Columbia since she was apprehended at U.S. request, faces charges that she lied to the bank HSBC about Huawei’s relationship with a supposed shell company that the U.S. alleges was used to attempt to sell hardware based on U.S. technology to Iran in violation of export restrictions (see “Canada arrests Huawei CFO at U.S. request” and “Reuters alleges additional links between Huawei, Middle East companies at heart of CFO allegations”). Meng and Huawei have consistently maintained her innocence, as well as the company’s innocence to the charges of trade violations.
By Canadian law, defendants cannot be extradited for alleged crimes that aren’t also crimes in Canada. Meng’s lawyers argued that her case does not meet this standard, as Canada did not have similar trade restrictions in place with Iran. Canada’s Office of the Attorney General argued that the alleged violations and the potential fraud that ensued from them are different matters, and that the parameters under which the U.S. would charge Meng with fraud meet the extradition requirement. Associate Chief Justice Holmes sided with the attorney general’s office while deferring a conclusion on whether there is sufficient evidence that Meng’s alleged conduct would justify committal for trial in Canada, a necessary point that will be determined later in the proceedings.
Huawei immediately condemned the ruling. "Huawei is disappointed in the ruling today by the Supreme Court of British Columbia. We have repeatedly expressed confidence in Ms. Meng's innocence. Huawei continues to stand with Ms. Meng in her pursuit for justice and freedom,” according to a statement attributed to a Huawei Canada spokesperson who was not otherwise identified. “We expect that Canada's judicial system will ultimately prove Ms. Meng's innocence. Ms. Meng's lawyers will continue to work tirelessly to see justice is served."
The Chinese Government was equally displeased. "China's position on the Meng Wanzhou case is consistent and clear," said Chinese Foreign Ministry Spokesperson Zhao Lijian. “The United States and Canada abused their bilateral extradition treaty and arbitrarily took compulsory measures against a Chinese citizen without cause. This is a serious political incident that grossly violates the legitimate rights and interests of the Chinese citizen.
“The Chinese government is steadfast in safeguarding the legitimate rights and interests of Chinese citizens,” Zhao continued. "The Canadian side should immediately correct its mistake, release Meng, and ensure her safe return to China at an early date, so as to avoid any continuous harm to China-Canada relations."
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