Meng Wanzhou, chief financial officer of Huawei, is pictured in B.C. Supreme Court in Vancouver, Monday, January 20, 2020 in this court sketch. THE CANADIAN PRESS/Jane Wolsak

Allegations against Huawei executive Meng Wanzhou not fraud in Canada: defence

Meng is accused of lying to HSBC about Huawei’s relationship with an Iran-based subsidiary

A lawyer for Huawei executive Meng Wanzhou says she should not be extradited to the United States to face fraud charges because her alleged misconduct doesn’t amount to fraud in Canada.

Scott Fenton told a British Columbia Supreme Court judge on the second day of Meng’s extradition hearing that people can’t be convicted of fraud in Canada unless their misrepresentations cause harm or a risk of harm.

Meng is accused of lying to HSBC about a Huawei subsidiary’s business in Iran, putting the bank at risk of criminal and civil penalties for violating American sanctions.

Fenton says Canada does not have similar sanctions against Iran and therefore it’s impossible to prove a fraud case against Meng because the bank would not have faced any risk in Canada.

The hearing in Vancouver this week is focused on the legal test of double criminality, meaning that Meng’s alleged conduct must also be illegal in Canada for her to be extradited to the United States.

The case has severely strained Canada-China relations, with Beijing calling the charges “political” and Deputy Prime Minister Chrystia Freeland urging the release of two detained Canadians.

Canada lifted sanctions against Iran in 2016 after world powers reached a nuclear deal with the country. The U.S. withdrew from the deal in 2018 and imposed sanctions again while also adding new penalties.

Fenton says the only risk HSBC faced was in the United States because of its “peculiar” sanctions that are “out of step” with Canada and the rest of the international community.

“The risk of loss is driven by legal risk — legal risk that only exists in the United States of America,” he says.

He also argues that HSBC faced no risk in Canada because the country would not impose criminal fines against an “innocent victim” of fraud, which the bank would be in this alleged scenario.

Meng denies the allegations and is free on bail and living in one of her two multimillion-dollar homes in Vancouver. The judge has allowed her to sit behind her lawyers at a desk, rather than in the prisoner’s box, so she and her Mandarin interpreter can better follow proceedings.

China has detained Canadians Michael Kovrig and Michael Spavor for over a year without access to lawyers or their families and has restricted some Canadian commodity imports in actions widely seen as retaliation.

If B.C. Supreme Court Justice Heather Holmes decides the legal test of double criminality has not been met, Meng will be free to leave Canada. But if Holmes finds there is double criminality, the hearing will proceed to a second phase.

That phase, scheduled for June, will consider defence allegations that Canadian and American authorities conspired to conduct a “covert criminal investigation” at Vancouver’s airport during her arrest in 2018.

Lawyers for the attorney general deny those allegations and argue that the defence’s focus on sanctions is a “complete red herring.” They say Meng’s alleged lies to HSBC are sufficient to prove a fraud case in Canada.

READ MORE: Meng’s lawyer argues at extradition hearing that fraud allegations are ‘facade’

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

BC Green Party announces candidate for Abbotsford South

Former provincial and municipal candidate Aird Flavelle seeks election

CRIME STOPPERS: ‘Most wanted’ for the week of Sept. 27

Crime Stoppers’ weekly list based on information provided by police investigators

Aldergrove farm invites artists for life drawing sessions

Art in the Country happens this Saturday, Oct. 3, at 26864 16th Ave

Langley Township’s Adastra Lab breaks local cannabis mold with extraction development

CEO Andrew Hale said changing market is leading to larger demand for distillate products

105 new COVID-19 cases, 1 death as health officials urge B.C. to remember safety protocols

There are currently 1268 active cases, with 3,337 people under public health monitoring

Another death as COVID-19 outbreak at Delta Hospital climbs to 18 cases

Total of 12 patients and six staff in one unit have tested positive for COVID-19: Fraser Health

B.C. nurses report rise in depression, anxiety, exhaustion due to pandemic

A new UBC study looks into how the COVID-19 response has impacted frontline nurses

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

National child-care plan could help Canada rebound from COVID-induced economic crisis: prof

A $2 billion investment this year could help parents during second wave of pandemic

Search suspended for Indigenous elder last seen mushroom picking in northwest B.C.

Mushroom picker Thomas (Tommy) Dennis has been missing since Sept. 16

16 MLAs retiring from B.C. politics add up to $20M in pensions: Taxpayers Federation

Taxpayers pay $4 for every dollar MLAs contribute to their pensions

‘Bonnie’ and ‘Henry’ among latest litter of service dog puppies

B.C. Alberta Guide Dogs names two pups after provincial health officer

Most Read