Huawei chief financial officer Meng Wanzhou arrives home after a court appearance in Vancouver, on Wednesday March 6. (THE NEWS/files)

Huawei chief financial officer Meng Wanzhou arrives home after a court appearance in Vancouver, on Wednesday March 6. (THE NEWS/files)

RCMP originally planned to arrest Meng Wanzhou on plane, defence lawyers say

Meng was arrested Dec. 1 at Vancouver airport at the behest of the U.S.

The defence team for a Huawei executive wanted on fraud charges in the United States is alleging Canadian officials initially planned to arrest Meng Wanzhou when her plane landed, but instead questioned her for nearly three hours before arresting her.

In court documents released Tuesday, the defence alleges a “co-ordinated strategy” to have the RCMP delay the arrest, so that border officials could question Meng under the pretence of a “routine immigration check.”

It’s one of several allegations of wrongdoing that Meng’s defence team is lodging against the RCMP and the Canada Border Services Agency, along with intentionally keeping poor notes and failing to arrest her immediately according to the warrant’s requirements.

The allegations have not been proven in court.

Meng was arrested Dec. 1 at Vancouver airport at the behest of the U.S., which is seeking her extradition to face allegations of fraud in violating Iranian sanctions.

Both Meng and Huawei have denied any wrongdoing.

“Police notes from November 30, 2018 indicate that the RCMP formulated a strategy to ‘immediately arrest’ the applicant the next morning by going onto the plane after it arrived at the gate in Vancouver,” the defence says in its memorandum of fact and law.

But sometime between that night and the next morning, the plan was altered, the defence alleges.

Instead, three CBSA officers immediately detained Meng when she disembarked the plane while two RCMP officers stood nearby and watched, despite their knowledge of the warrant calling for her “immediate” arrest, the defence says.

She was taken to the secondary screening area for three hours and her electronic devices were seized. At one point, a border official questioned her about her business and its alleged activity in Iran, they say.

The court documents include a solemn declaration from Acting Supt. Sanjit Dhillon of the Canada Border Services Agency, who says that Meng repeatedly asked why she was selected for secondary inspection after she got off the plane.

READ MORE: B.C. judges approves release of video, affidavits ahead of Huawei exec’s trial

Dhillon says in his declaration that he asked Meng what she did for work, whether her company sold products to the U.S. and whether it sold products in countries that it should not.

Meng appeared confused by the question and he rephrased it, asking if the company sold products or did business in Iran, to which he says Meng initially replied, “I don’t know,” he says.

“I reminded the subject that she is the CFO of a multibillion-dollar company, and that it would be hard for me to believe that she wouldn’t know these details about her company,” Dhillon’s declaration says. ”The subject stated that her company does have an office in Iran.”

Handwritten notes by an RCMP officer say authorities explained the warrant to provisional arrest and the charter rights to Meng after border officials concluded their inspection.

The defence argues spotty notes kept by the CBSA officers constitute a “strategic omission.” There is no mention of co-ordination with American law enforcement, nor the change in arrest plans, nor the CBSA’s advance notice of the arrest warrant.

“When assessed together, a clear pattern emerges from these materials: the CBSA and the RCMP have strategically drafted these documents to subvert the applicant’s ability to learn the truth regarding her detention,” the defence says.

The U.S. Department of Justice has laid charges of conspiracy, fraud and obstruction against Huawei and Meng, who is the daughter of company founder Ren Zhengfei.

Meng’s extradition trial is to begin Jan. 20, more than a year after she was taken into custody.

She has been free on bail and is living in one of her multimillion-dollar homes in Vancouver while wearing an electronic tracking device and being monitored by a security company.

The nearly 1,100 pages of material released Tuesday were collected by Meng’s defence team, which plans to argue that her arrest at the Vancouver airport on Dec. 1 was unlawful.

The defence plans to use some of the material as evidence in its request for access to further documentation during an eight-day disclosure hearing that is to begin Sept. 23.

The defence team has previously said they want access to audio and are requesting other material through freedom of information legislation.

They were released alongside hours of airport surveillance footage after a senior B.C. Supreme Court judge agreed to what she called a “somewhat unusual” request to provide them directly to media ahead of Meng’s extradition hearing.

Associate Chief Justice Heather Holmes told a brief hearing she agrees with both the defence and Crown that the interests of justice are best served by transparency in the high-profile case.

“It is somewhat unusual to provide the media copies of court material the instant they are filed, even though it will be weeks before the other party responds and the hearing takes place,” Holmes says.

“However, as counsel have noted, this case has attracted a very high degree of public interest and I agree with counsels’ assessment … that the interests of justice are best served by transparency in this instance.”

The court’s approval also follows a request from Holmes in March that the defence and Crown work together to find ways to lessen the burden that media attention has put on staff in the court registry.

Typically, media would apply through the registry for access to materials once they are registered as exhibits.

Amy Smart, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Police officers and their dogs undergo training at the RCMP Police Dog Services training centre in Innisfail, Alta., on Wednesday, July 15, 2015. Mounties say they are searching for an armed and dangerous man near a provincial park in northern Alberta who is believed to have shot and killed a service dog during a police chase. THE CANADIAN PRESS/Jeff McIntosh
RCMP search for armed man in northern Alberta after police dog shot and killed

Cpl. Deanna Fontaine says a police service dog named Jago was shot during the pursuit

Alberta now has 2,336 active cases of COVID-19, with 237 people in hospital, including 58 in intensive care. (Black Press file photo)
Red Deer down to 73 active cases of COVID-19, lowest since early November

The Central zone has 253 active cases of the virus

File photo
Update: Leduc RCMP request assistance to identify armed robbery suspect

Leduc RCMP are searching for suspect involved in an armed robbery at the Leduc Giant Tiger.

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

Canadian Prime Minister Justin Trudeau is seen during a joint news conference following the EU-Canada Summit, in Brussels, Belgium, Tuesday June 15, 2021. Trudeau says Canada is on track now to have 68 million doses delivered by the end of July, which is more than enough to fully vaccinate all 33.2 million Canadians over the age of 12. THE CANADIAN PRESS/Adrian Wyld
Vaccine deliveries enough to fully vaccinate all eligible Canadians by end of July

Three in four eligible Canadians now have their first dose, nearly one in five fully vaccinated.

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

The federal government says it wants to ban most flavoured vaping products in a bid to reduce their appeal to youth. THE CANADIAN PRESS/AP-Craig Mitchelldyer
Health Canada proposes ban on most vaping flavours it says appeal to youth

If implemented, the regulations would restrict all e-cigarette flavours except tobacco, mint and menthol

The Montreal Police logo is seen in Montreal on Wednesday, July 8, 2020. Some Quebec politicians are calling for an investigation after a video was released that appears to show a Montreal police officer with his leg on a young Black man’s neck during an arrest. THE CANADIAN PRESS/Paul Chiasson
Probe called for after video appearing to show Montreal officer’s knee on Black youth’s neck

Politicians call for investigation after clip evokes memories of George Floyd incident

Thousands of protesters make their way through the downtown core during a Black Lives Matter protest in Ottawa, Friday June 5, 2020. THE CANADIAN PRESS/Adrian Wyld
MPs’ study of systemic racism in policing concludes RCMP needs new model

Chair of the House public safety committee says it’s time for a reckoning on ‘quasi-military’ structure

A case filled with packages of boneless chicken breasts is shown in a grocery store Sunday, May 10, 2020, in southeast Denver. THE CANADIAN PRESS/AP-David Zalubowski
One million chickens euthanized during labour dispute at Quebec slaughterhouse

Premier says waste amounts to 13 per cent of the province’s chicken production thrown in the garbage

A section of the eastern slopes of the Canadian Rockies is seen west of Cochrane, Alta., Thursday, June 17, 2021. A joint federal-provincial review has denied an application for an open-pit coal mine in Alberta’s Rocky Mountains, saying its impacts on the environment and Indigenous rights aren’t worth the economic benefits it would bring. THE CANADIAN PRESS/Jeff McIntosh
Panel says Grassy Mountain coal mine in Alberta Rockies not in public interest

Public hearings on the project in southern Alberta’s Crowsnest Pass region were held last fall

Most Read