Meng Wanzhou wins right to more documents involving arrest at Vancouver airport

Defence lawyers allege the Huawei executive was unlawfully detained, searched and interrogated

Huawei chief financial officer Meng Wanzhou, who is out on bail and remains under partial house arrest after she was detained last year at the behest of American authorities, leaves B.C. Supreme Court during a lunch break from a hearing, in Vancouver, on Thursday October 3, 2019. (THE CANADIAN PRESS/Darryl Dyck)

Huawei chief financial officer Meng Wanzhou, who is out on bail and remains under partial house arrest after she was detained last year at the behest of American authorities, leaves B.C. Supreme Court during a lunch break from a hearing, in Vancouver, on Thursday October 3, 2019. (THE CANADIAN PRESS/Darryl Dyck)

Huawei executive Meng Wanzhou has won an application for more documents to be disclosed as she alleges she faced an abuse of process during her arrest at Vancouver’s airport last year.

Justice Heather Holmes of the British Columbia Supreme Court says Meng has met the test for further disclosure but her ruling doesn’t predict or imply that the claim of an abuse of process will succeed in the extradition case.

“The test screens out applications to support abuse of process claims with no established air of reality to them, but it is not a demanding one,” Holmes wrote in the decision published online Tuesday.

Meng was detained on Dec. 1, 2018, for three hours by border guards who seized her electronic devices and passcodes before handing them to the RCMP when the police force executed a provisional arrest warrant.

READ MORE: Huawei’s Meng ‘no longer fears unknown’ despite ‘torment, struggle’ of last year

The United States is seeking Meng’s extradition on fraud charges related to the alleged violation of sanctions against Iran. Meng and Huawei deny the allegations and the first part of her extradition trial is scheduled to begin in January.

There are also a number of hearing dates set in June, when her lawyers plan to argue that the Canada Border Services Agency, the RCMP and the Federal Bureau of Investigation violated her rights.

The lawyers allege she was unlawfully detained, searched and interrogated as part of a plan between Canadian and American authorities to have border officers misuse their customs and immigration powers to covertly collect evidence for the FBI.

The allegations have not been proven in court. But at a hearing earlier this fall, defence lawyers argued there was enough of an “air of reality” to the claims for further documents to be disclosed.

In her ruling granting the defence’s request, Holmes says the Crown and defence largely see eye to eye on the main events leading up to and during Meng’s arrest. However, she says they diverge significantly on the inferences they draw from those events.

“In certain areas where the parties rely on competing inferences from notable gaps in the evidence, I view the evidence tendered by the Attorney General to address those gaps as strategic in its character yet impoverished in its substance,” she wrote.

For example, documents released by the Attorney General so far don’t explain why border guards made what the Crown has characterized as an “error” of illegally turning over Meng’s passcodes to the RCMP, or when and how that mistake came to light, she says.

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

The documents also don’t adequately rebut the defence’s allegation that RCMP improperly sent serial numbers and other identifying details of Meng’s devices to the FBI, Holmes says. She describes the Attorney General’s evidence on this point as “similarly incomplete in its substance, despite its volume relative to the issue.”

The judge grants Meng access to numerous documents including any related to meetings or telephone calls on Nov. 30 and Dec. 1, 2018, about the co-ordination of her arrest.

Meng also won access to correspondence between Nov. 28 and Dec. 5, 2018, between RCMP and U.S. law enforcement members related to her arrest, and a list describing any documents withheld or redacted to date, stating the reason for the redaction.

Meng’s arrest has sparked a diplomatic crisis between China and Canada.

Beijing was seen to be retaliating when it detained Canadians Michael Kovrig and Michael Spavor, who have been in custody for a year without seeing their families or a lawyer. On Tuesday, a Chinese foreign ministry spokeswoman said the cases have been sent “for investigation and prosecution” on national security allegations.

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

Lymphedema is often treated with medical devices such as compression garments, pneumatic compression pumps, or specialized custom wraps and bandages. (Submitted photo)
March 6 marks World Lymphedema Day

Lymphedema is caused by damage to the lymphatic system, and afflictings millions worldwide

Work has begun on the Downtown Public Washroom on 1st Avenue. (Submitted photo)
Work has begun on the Ladysmith Downtown Public Washroom

The project is expected to be finished in the spring

An architectural rendering of the five storey condo building at 201/203 Dogwood Drive. (BJK Architecture photo)
Five storey condo building proposal at Dalby’s proceeds to public hearing stage

Frank and Mike Crucil of FMC Holdings are hoping to turn Dalby’s Automotive into a five storey condo

Jimmy Seymour was recognized for his outstanding work as the solid waste operator for Stz’uminus First Nation. (Submitted photo)
‘He has a way with the community’, Jimmy Seymour recognized for his dedication to Stz’uminus First Nation

Jimmy Seymour uses his job as solid waste operator to spread kindness through Stz’uminus

LSS’s Parallel Players are hosting an online improv show. (Parallel Players photo)
Ladysmith Secondary School improv team hosts livestream performance

Perfomances will be held Thursday, March 4 and Friday March 5 at 7 p.m.

The James C Richardson Pipe Band marches in a Remembrance Day parade on Nov. 11, 2019 in Chilliwack. Wednesday, March 10 is International Bagpipe Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of March 7 to 13

International Bagpipe Day, Wash Your Nose Day and Kidney Day are all coming up this week

The Port Alice pulp mill has been dormant since 2015. (North Island Gazette file photo)
Parts recycled, life returning to inlet as as old Port Alice mill decommissioned

Bankruptcy company oversees de-risking the site, water treatment and environmental monitoring

Victoria man Brett Andersen is asking for people’s help to secure him one of eight free tickets to the moon. (Screenshot/@brettandersen Instagram)
Victoria man wants your help securing a free ticket to the moon

Japanese billionaire offering eight people a trip to the moon

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Hockey hall-of-fame legend Wayne Gretzky, right, watches the casket of his father, Walter Gretzky, as it is carried from the church during a funeral service in Brantford, Ont., Saturday, March 6, 2021. HE CANADIAN PRESS/Nathan Denette
Walter Gretzky remembered as a man with a ‘heart of gold’ at funeral

The famous hockey father died Thursday at age 82 after battling Parkinson’s disease

Donald Alan Sweet was once an all star CFL kicker who played for the Montreal Alouettes and Montreal Concordes over a 13-year career. Photo courtesy of Mission RCMP.
Ex-B.C. teacher who was CFL kicker charged with assault, sexual crimes against former students

Donald Sweet taught in Mission School District for 10 years, investigators seek further witnesses

(Black Press Media files)
Medicine gardens help Victoria’s Indigenous kids in care stay culturally connected

Traditional plants brought to the homes of Indigenous kids amid the COVID-19 pandemic

During a press event on March 6, Const. Alex Berube, media relations officer for the West Shore RCMP, addressed a deadly shooting that occurred in Metchosin the night before. (Devon Bidal/News Staff)
VIDEO: One man shot dead in ‘targeted incident’ in Metchosin

Highway 14 reopens following multi-hour closure for investigation

Most Read