Huawei chief financial officer Meng Wanzhou arrives home after a court appearance in Vancouver on March 6, 2019. (CP)

Border officials, RCMP followed law in arrest of Meng Wanzhou, Crown says

Huawei exec argues she was unlawfully detained at YVR last December at direction of U.S. authorities

Canadian officials followed the law when they detained Huawei executive Meng Wanzhou at Vancouver’s airport and the defence has no proof to substantiate its “conspiracy theory” that she was illegally arrested, the Crown says.

The Attorney General of Canada says in court documents released Monday that there’s no evidence to suggest that the RCMP or the Federal Bureau of Investigation in the United States asked border agents to elicit information from Meng during the detainment.

“There is no evidence that lends an air of reality to these allegations, nor is there evidence that would suggest there is any documentation that would substantiate these allegations,” it says.

Meng, whose arrest has sparked a diplomatic crisis between Canada and China, returned to B.C. Supreme Court on Monday where her lawyers are asking for documents that they say would support their allegations.

The Huawei chief financial officer was arrested on Dec. 1, 2018, during a stopover in Vancouver on her way to Mexico. The arrest was at the request of the United States, which is seeking her extradition on fraud charges.

The U.S. alleges that Meng misrepresented facts to HSBC regarding Huawei’s business dealings in Iran, which put the bank at risk of prosecution for violating sanctions against the country.

Both Meng and the Chinese tech giant have denied any wrongdoing and none of the allegations have been tested in court.

The court released hundreds of pages of documents on Monday, including the Crown’s written reply to the defence’s request for documents and surveillance video without sound showing Meng speaking with agents from the Canada Border Services Agency at the airport.

READ MORE: RCMP, CBSA deny searching Meng Wanzhou’s phones and other devices

In its reply, the Crown says border agents followed proper procedure in examining Meng and her goods to determine her admissibility to Canada and her charter rights were not breached.

It says the border agency is empowered by law to examine a traveller’s cellphones, and in this case they placed Meng’s phones in evidence bags and requested her passcodes but ultimately decided against looking through the devices.

The RCMP also followed procedure by waiting to execute the provisional arrest warrant until after border officials had suspended their examination of Meng, it says, adding that the Mounties legally seized her phones at that point.

“If the CBSA and RCMP together have engaged in a ‘well-coordinated scheme’ and ‘strategically drafted’ their notes to conceal misconduct, why would the RCMP … record the contents of their meeting in detail?” the Crown asks.

However, the defence team alleges extensive misconduct including delaying the arrest, deceiving Meng about the nature of her detention and abusing their statutory powers in order to collect evidence for the fraud case in the U.S.

Defence lawyer Richard Peck told court Monday that border services and the RCMP “collaborated, arranged a plan” to deal with Meng in a way that violated the provisional arrest warrant.

“This plan delayed the implementation of Ms. Meng’s rights and afforded the CBSA an opportunity to interrogate her and that such information was arranged to be shared with the RCMP and with the FBI,” Peck said.

Peck told the court that border officials handed Meng’s phone passcodes to the RCMP. They made efforts to obscure the nature of interactions with Meng and omitted details in documents including notes and declarations to fulfil that purpose, he said.

“Lifting language from the authorities, we refer to this as a ‘covert criminal investigation’ under the pretext of an admissibility exam for immigration purposes,” Peck told the court.

Peck also alleges Meng’s arrest is part of a history of American officials detaining Huawei employees at airports, pointing to “expected testimony” from a confidential witness who says her work laptops were searched or seized at ports of entry.

He argued that there’s enough evidence to suggest further documents exist to support the argument that Canadian officials acted as agents of U.S. law enforcement.

He pointed to an email that he said is from an FBI agent to a Canadian official.

“It says ‘Ben, thank you,’ — this is from the FBI — ‘thank you for all the work. Appreciate the co-ordination. As soon as a warrant is obtained, the information should be heading to RCMP and CBSA,’” Peck read to the court.

Her extradition trial won’t begin until Jan. 20 and she is free on bail while living in Vancouver.

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Sylvan Lake Library raises $600 for Christmas Bureau

Funds from the library’s coffee and cookie fundraiser were presented to the Christmas Bureau Dec. 5

Two dead in three-car collision on Hwy 11 near Alberta Springs Golf Course

Two women were pronounced dead on the scene of an accident Wednesday afternoon

Calgary police officer shares his story with Sylvan Lake parents and youth

A small audience listened to a presentation on bullying by Bullying Ends Here founder Tad Milmine

The best caesar in Canada can be found in Sylvan Lake

Kjeryn Dakin’s Tragically Hips caesar won the national Best Caesar in Town competition

Sylvan Lake Wranglers add a win after back-to-back home games

Wranglers fell 6-2 to the Medicine Hat Cubs Nov. 30, but won 3-0 over the Cochrane Generals Dec. 1

VIDEO: Federal Liberals’ throne speech welcomes opposition’s ideas

Trudeau will need NDP or Bloc support to pass legislation and survive confidence votes

Final appeal rejected for man convicted in deaths of missing Alberta seniors

Lyle and Marie McCann were in their 70s when they left their home in St. Albert in 2010 and vanished

Infants should be tested for autism if older siblings are diagnosed, Canadian study suggests

Blood test for infants with sibling who’s been diagnosed would get information to families earlier

Rural Alberta gets more police officers, but must pay for them directly

Premier wants areas to pay portion of overall costs on rising scale to bring in extra $200M by 2024

Rebels win second in row 5-2 over Moose Jaw

32 saves from Goalie Byron Fancy leads the way for Red Deer

Nearly 40% of Canadians want creationism taught in schools: poll

23% of Canadians believe God created humans in the past 10,000 years

Blackfalds RCMP lay charges following fatal pedestrian collision

35-year-old male died in the hospital as a result of injuries

Canadian families could pay nearly $500 more for food in 2020: report

Meat prices will increase the most, the report suggests

Most Read