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VANCOUVER: The Canadian police officer who arrested a Huawei executive in Vancouver in 2018 told a court on Monday (October 26) that the apprehension was made according to the book, amid claims by her lawyers that her rights were violated during the process.
Huawei’s CFO Meng Wanzhou arrived at the British Columbia Supreme Court on Monday for the first of five days of hearings as her extradition case to the United States resumed.
This week’s hearings will focus on the abuse of process committed by Canadian and US authorities during his December 2018 arrest at Vancouver International Airport, his lawyers allege. The case has intensified diplomatic tensions between China and the two North American nations.
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Meng, 48, is charged by the United States with bank fraud for allegedly misleading HSBC about Huawei’s business in Iran, causing the bank to violate US sanctions laws.
She denies the charges and is fighting extradition under house arrest in Vancouver.
Meng’s lawyers have argued that Canadian authorities improperly communicated with their US counterparts, allegedly sharing identifying details about their electronic devices.
Canada has denied this and has provided affidavits from members of the Royal Canadian Mounted Police (RCMP) who were involved in Meng’s arrest.
Meng came to court in a shiny black cardigan, a blue knitted blouse and a gray skirt, accompanied by her translator when she came face to face with Winston Yep, an RCMP officer who arrested her nearly two years ago.
Meng’s attorneys have alleged that authorities used the Canada Border Services Agency (CBSA) and its powers to search passengers to investigate Meng in a way that violated his rights.
READ: Canadian extradition judge deals legal blow to Huawei CFO
Government attorney John Gibb-Carsley asked Yep why, as the arresting officer, he did not board the plane once Meng landed. Yes, he said that because the airport is within CBSA’s jurisdiction, it was decided that CBSA would do its job first.
He did say there was “no concern” about this process, adding that other passengers on the plane created a potential risk of violence if they made the arrest on the plane.
Meng’s team has claimed that the CBSA improperly confiscated his electronic devices and that the identifying information was shared with US authorities.
Yes, he said the RCMP asked the CBSA to seize Meng’s devices at the request of the United States and put them in Faraday bags, which prevent data from being erased. He added that the request was “part of the process” and did not present any cause for concern.
Gibb-Carsley asked if Yep’s supervisor raised concerns about the CBSA investigation before the RCMP.
“No,” Yep said, adding that her supervisor was concerned that Meng might bypass CBSA and escape the airport, a concern Yep shared.
However, Huawei’s lawyer Richard Peck said Yep’s concern about possible violence on the plane was false and that as trained officers, the RCMP should have been able to arrest Meng there.
Peck also described Yep’s written notes for the day as “very sparse” and drew attention to the fact that Yep had not written a chronological report for the day, as required by Canadian extradition laws.
Calling witnesses live in an extradition case is “very, very unusual,” said Leo Adler, a Toronto-based extradition attorney, particularly if both parties will be able to cross-examine. Adler is not involved in the case.
Meng’s team was able to do so based on the documents they were given, Adler said, another aspect that is rare in extradition cases.
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Meng’s case, expected to last for years, has strained relations between Ottawa and Beijing. Shortly after their arrest, China arrested Canadian citizens Michael Spavor and Michael Kovrig on charges of espionage.
The hearings are scheduled to conclude in April 2021.
