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 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

Walnut Grove’s Shawn Meehan (front) has started another band, Trigger Mafia. This local country rocker has put country on the shelf, and is going hard-core rock with this group, releasing their first single last Friday to radio. It started as a way to pass the time during the COVID lockdown, and evolved. (Special to Langley Advance Times)
VIDEO: Langley musician drives rock revival with COVID twist

Trigger Mafia goes straight from the garage to radio with raw lyrics

Statue of Lady Justice outside B.C. Supreme Court in New Westminster. (Black Press Media files)
Accused mother was sad, frustrated, not eating before daughter’s death, court hears

The accused’s ex-boyfriend talked about her state of mind

Submit letters to the editor through our website, via email or in writing.
LETTER: Newbie Conservative candidate split Langley East vote and allowed socialist ‘hordes’ to win seat

Letter writer suggests candidate should have ‘earned’ his political stripes before running for office

Brian Edward Abrosimo, a convicted child kidnapper. (VPD photo)
Child kidnapper threatened to slit his own throat in halfway house

Brian Abrosimo had his release revoked in August

Provincial health officer Dr. Bonnie Henry updates the COVID-19 situation, B.C. legislature, Oct. 26, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps by 287, another senior home outbreak

Two more deaths recorded, community outbreak in Okanagan

An untitled Emily Carr painting of Finlayson Point was donated to the Art Gallery of Greater Victoria by brothers Ian and Andrew Burchett. The painting had been in their family for several decades. (Courtesy of the Art Gallery of Greater Victoria)
Never before seen painting by famed B.C. artist Emily Carr gifted to Victoria gallery

Painting among several donated to Art Gallery of Greater Victoria

The B.C. Centre for Disease control is telling people to keep an eye out for the poisonous death cap mushroom, which thrives in fall weather conditions. (Paul Kroeger/BCCDC)
Highly poisonous death cap mushroom discovered in Comox

This marks first discovery on Vancouver Island outside Greater Victoria area

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
Rescued bald eagle that came to life in B.C. man’s car had lead poisoning

Bird is on medication and recovering in rehab centre

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

Janet Austin, lieutenant governor of B.C., was presented with the first poppy of the Royal Canadian Legion’s 2020 Poppy Campaign on Wednesday. (Kendra Crighton/News Staff)
PHOTOS: B.C. Lieutenant Governor receives first poppy to kick off 2020 campaign

Janet Austin ‘honour and a privileged’ to receive the poppy

Premier-elect John Horgan and cabinet ministers are sworn in for the first time at Government House in Victoria, July 18, 2017. (Arnold Lim/Black Press)
Pandemic payments have to wait for B.C. vote count, swearing-in

Small businesses advised to apply even if they don’t qualify

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
Sex offender who viewed underage girls as slaves has prohibitions cut from 20 to 10 years

Appeal court reviewed the case of Kyler Bryan David Williams, 29

Most Read