A Canadian court on Wednesday is slated to release a much-anticipated ruling in a high-stakes extradition case against a top Huawei executive that has the potential to further inflame Ottawa’s already tense relations with Beijing or sour its ties with Washington.
British Columbia’s Supreme Court is expected to rule whether the extradition case against Huawei chief financial officer Meng Wanzhou, who was arrested in Vancouver in December 2018 upon US request, fits the criteria set out by Canadian law for her to be sent to the US or whether she should be set free.
US authorities accuse Meng, Huawei, a US subsidiary and telecom equipment seller Skycom of committing bank fraud, wire fraud and conspiracy to commit money laundering. The charges are linked to possible violations of US sanctions against Iran.
Meng’s legal team has argued that because the allegations she faces in the US are not a crime in Canada, since they are related to unilateral US sanctions on Iran, the extradition request does not satisfy the “double criminality” test of Canada’s extradition law.
Meng’s lawyers have also argued that comments by US President Donald Trump that he was ready to intervene in Meng’s case if it helped him get a more favourable trade deal with China suggested it was politically motivated.
But Canadian prosecutors, speaking on behalf of US authorities, have argued that allegations of fraud, not sanctions violations are at the heart of the US extradition case against Meng.
If the judge finds that Meng’s conduct would not be considered a crime in Canada, she will be free to return to China.
Prime minister Justin Trudeau lauded Canada’s “truly independent justice system” on Tuesday and said he would stand by the ruling no matter which way it goes.
Trudeau said Canadian officials have “continued to engage diplomatically” with the Americans and the Chinese over Meng’s case and China’s retaliatory arrest of two Canadians.
Meng’s arrest set off a diplomatic showdown between Canada and China, as Ottawa finds itself caught between the two economic giants.
China is demanding Meng’s immediate release to “avoid any continuous harm to China-Canada relations.”
“The Canadian side should immediately correct its mistake, release Ms. Meng and ensure her safe return to China at an early date so as to avoid any continuous harm to China-Canada relations,” Chinese Foreign Ministry spokesperson Zhao Lijian said on Tuesday.
“The US and Canada abused their bilateral extradition treaty and arbitrarily took compulsory measures against a Chinese citizen without cause,” he added.
Days after Meng’s arrest in Vancouver, Chinese authorities arrested two Canadians, businessman Michael Spavor and former diplomat Michael Kovrig, over accusations of endangering state security, in what some saw as retaliation for her detainment.
Beijing has also piled up economic pressure on Canada by effectively stopping imports of some key commodities such as canola.
In the meantime, Meng has remained free on a 10-million-Canadian-dollar (7.4-million-US-dollar) bail and resides at one of the her Vancouver mansions.
