Border officers couldn’t have legally arrested Huawei exec Meng Wanzhou: Crown

Chinese tech giant’s chief financial officer was arrested Dec. 1, 2018, at the request of the United States

Border guards could not have legally arrested Huawei Technologies executive Meng Wanzhou at Vancouver’s airport last December, says a lawyer representing the Canadian government.

Meng’s lawyers argue that officers with the Canada Border Services Agency should have immediately executed a provisional arrest warrant instead of questioning her for three hours before the RCMP arrested her.

The Chinese tech giant’s chief financial officer was arrested Dec. 1, 2018, at the request of the United States, which is seeking her extradition on fraud charges linked to the alleged violation of sanctions against Iran.

Crown prosecutor Diba Majzub told a B.C. Supreme Court judge Tuesday that border officers are required by law to conduct an admissibility examination on all travellers entering Canada.

He said they aren’t legally empowered to arrest people under the Extradition Act and the Crown has provided 150 examples of cases in which border officers were involved but were not the ones to execute such warrants.

The RCMP Act specifically gives the Mounties the power to execute all warrants, Majzub added.

ALSO READ: Nothing ‘sinister’ about airport questioning of Huawei exec, Crown argues

Meng’s arrest has sparked a diplomatic crisis between Canada and China. She denies any wrongdoing and her lawyers are in court seeking further documents ahead of her extradition trial in January.

Her lawyers allege that border officers, the RCMP and the Federal Bureau of Investigation conspired to conduct a “covert criminal investigation” at the airport and they’re requesting documents that they believe would back up that claim.

The defence has described communications between the three agencies on the day before Meng’s arrest as improper and alleged border guards violated her charter rights when they seized her electronic devices.

Majzub said the FBI notified Canada’s border agency on Nov. 30, 2018, that a person who was subject to a provisional arrest warrant might be coming through Vancouver’s airport.

The case law demonstrates that the FBI’s advisory was legitimate and necessary for Canada to enforce its border, he said.

“Is it evidence of an ulterior motive, an abuse of process, or is it in fact, normal conduct that (allows) the CBSA to do its job?” Majzub asked.

He also argued that there is a legal line between a customs and immigration examination and an investigation of a criminal offence in Canada. Before that line is reached, charter rights are not engaged, he said.

“There was never a danger of that line being crossed,” Majzub said. “There was no criminal investigation in Canada. They’re entitled to go as far as they need to determine whether she’s admissible to Canada.”

Border guards are entitled to examine a traveller’s goods, and that has been legally interpreted to include electronic devices, he said. CBSA officers seized her devices and obtained the passcodes before passing them on to the RCMP.

The Crown has said that neither border officers nor police searched her devices and since the FBI has said it doesn’t require them, Canada has been trying for the past two months to return them to Meng.

The defence has argued that border guards seized the devices and questioned Meng about Huawei’s business dealings in Iran in order to further the U.S. case against her.

However, Majzub said border guards went as far as they did because they had legitimate concerns about possible criminality and national security.

If they had deemed her inadmissible to Canada, it’s unlikely that she would have been ordered to immediately return to China, and the RCMP could have executed the warrant while she was in detention or awaiting a hearing, he said.

The defence has noted that border guards did not actually complete their examination of Meng and instead suspended the process, at which point police executed the warrant.

Meng, who is also the daughter of Huawei founder Ren Zhengfei, is free on bail and living in her multi-million dollar home in Vancouver while she awaits her trial.

The U.S. alleges she lied to HSBC about Huawei’s business dealings in Iran, putting the company at risk of prosecution for violating sanctions.

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Central Westcoast Forest Society is searching for wood and trees

Scrap wood will be used to help rebuild the local salmon populations near Tofino and Ucluelet.

UPDATED: Tofino-Ucluelet highway reopens after bridge installed earlier than expected

Hwy. 4 now open to all vehicles, including delivery trucks and RVs

UPDATED: Ucluelet and Tofino mayors call for “calmness” and “empathy” as highway closure cuts communities off from supplies

Ministry of transportation expects to open road for “essential travel only” from noon-8 p.m. Friday.

Tofino shakes up emergency notification service

“You can download maps and it has more functionality.”

Officials reaching out to those in contact with Canada’s first coronavirus patient

The illness has sickened at least 1,975 people and killed 56 in China

Canada’s basketball community mourns Kobe Bryant after helicopter crash

Bryant was an 18-time NBA all-star who won five championships

‘Devastated’: Fans, celebrities remember Kobe Bryant after his death

Bryant played all of his 20-year career with the NBA with the Los Angeles Lakers

Investigation launched after six dead puppies dumped in Richmond hotel parking lot

RAPS reminds people they can always give up puppies they can’t take care of

Canadian Lunar New Year celebrations dampened by coronavirus worries

But Health Minister Patty Hajdu said today that the risk of infection is low

B.C. VIEWS: New coronavirus outbreak an important reminder

Walking the line between cautious and alarmist

Kobe Bryant, daughter killed in California helicopter crash

Bryant entered the NBA draft straight out of high school in 1996

Risk of coronavirus low in B.C. as first case emerges in Toronto: officials

There have been no confirmed cases of the virus in B.C.

Most Read