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.

Just Posted

Suspect wearing Batman cap sexually assaults woman on Main Street Wetaskiwin

Wetaskiwin RCMP Investigate Sexual Assault – Seek Information and ID suspect

Wetaskiwin Mayor ‘remains committed’ despite Premier’s plastic bag comments

City council: ‘health of the environment is everyone’s responsibility’

UPDATED Provincial police force demands consideration

UPDATED High cost of RCMP officers discussed recently

Pipestone Family Cafe grand opening Oct. 25

Special buffet events coming up, Trading Post for rent

County of Wetaskiwin concerned about provincial policing discussion

Lack of detail, lack of answers discussed at council Oct. 8

VIDEO: #MeToo leader launches new hashtag to mobilize U.S. voters

Tarana Burke hopes to prompt moderators to ask about sexual violence at next debate

A year after pot legalization in Canada, it’s a slow roll

It’s one year into Canada’s experiment in legal marijuana, and hundreds of legal pot shops have opened

Pot use admission at U.S. border snagging Canadian boomers, says lawyer

A waiver to enter the U.S. can cost $2,000 and isn’t a guarantee

Health concerns over vaping cast haze over Canadian cannabis market expansion

More than 1,000 people in the United States, and a handful in Canada, have developed a lung ailment

Alberta government won’t seek meeting with teen enviro-activist Greta Thunberg

NDP Opposition Leader Rachel Notley urged Alberta’s United Conservatives to meet with Thunberg

Alberta to join B.C.’s class-action lawsuit against opioid manufacturers, distributors

B.C. government claims opioids were falsely marketed as less addictive than other pain meds

VIDEO: Trudeau, Singh posture for ‘progressive’ votes while Scheer fights in Quebec

NDP Leader Jagmeet Singh, whose party has been on the rise in recent polls, is campaigning in Toronto

Advance voter turnout up 25% for first two days: Elections Canada

Two million people voted Friday and Saturday

In the news: Sprinting to the election finish line and anger amid Manitoba storms

First Nations residents forced to evacuate their Manitoba homes after a recent snowstorm

Most Read