A profile of Huawei’s chief financial officer Meng Wanzhou is displayed on a Huawei computer at a Huawei store in Beijing, China, Thursday, Dec. 6, 2018. Canadian authorities said Wednesday that they have arrested Meng for possible extradition to the United States. THE CANADIAN PRESS/AP-Ng Han Guan

Huawei executive’s defence team alleges Canadians were ‘agents’ of the FBI

eng’s arrest at Vancouver’s airport has sparked a diplomatic crisis between Canada and China

A defence team for a Chinese telecom executive is alleging Canadian officials acted as “agents” of American law enforcement while she was detained at Vancouver’s airport for three hours ahead of her arrest.

In court documents released this week, defence lawyers for Huawei chief financial officer Meng Wanzhou point to handwritten notes by Canadian officers indicating Meng’s electronics were collected in anticipation of a request from the Federal Bureau of Investigation in the United States.

The notes show the RCMP asked the FBI if the U.S. was interested in Meng’s luggage and that a Canada Border Services Agency officer wrote down Meng’s passcodes, while another questioned her about Huawei’s alleged business in Iran.

This happened before she was informed of her arrest, the defence says.

“The RCMP and/or CBSA were acting as agents of the FBI for the purpose of obtaining and preserving evidence,” alleges a memorandum of fact and law filed by the defence.

“The question that remains is to what extent and how the FBI were involved in this scheme.”

The materials collected by the defence were released ahead of an eight-day hearing scheduled for September, in which the defence is expected to argue for access to more documents ahead of Meng’s extradition trial.

The Attorney General of Canada has yet to file a response and none of the allegations have been tested in court.

Meng’s arrest at Vancouver’s airport has sparked a diplomatic crisis between Canada and China and drawn international scrutiny of Canadian extradition laws.

She was arrested at the behest of the U.S., which is seeking her extradition on fraud charges in violation of sanctions with Iran.

Both Meng and Huawei have denied any wrongdoing. Meng is free on bail and is living in one of her two multimillion-dollar homes in Vancouver.

The RCMP said in an email the new documents are still subject to the court process and pointed to a response it filed alongside the CBSA in June to a separate civil lawsuit, in which Meng claims her constitutional rights were breached when she was detained before her arrest.

Border officials only examined Meng and her luggage for immigration and customs purposes and RCMP officers acted “lawfully and in good faith at all times,” the email says, adding Mounties will provide further disclosure if compelled by the court.

The CBSA declined to comment as the matter is before the courts.

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

READ MORE: B.C. judges approves release of video, affidavits ahead of Huawei exec’s trial

Meng’s extradition trial won’t begin until Jan. 20, but the court documents shed light on her defence team’s planned arguments that her arrest was unlawful and for the benefit of the United States.

“These are allegations of a purposeful violation of a court order and the abuse of important Canadian legal norms for improper purposes, namely, to further the objectives of the requesting state,” the defence says.

They plan to argue that the U.S. committed an abuse of process by using the extradition proceedings for political and economic gain. Parts of the defence are comments by U.S. President Donald Trump that he would intervene in Meng’s case ”if necessary.”

The documents say the seizure of electronics and questioning of Meng by border officials in Canada also follows a pattern of how some other Huawei employees have been treated at U.S. ports of entry, including an engineer who reported his laptop was searched several times between 2013 and 2018.

“This targeting has included the apparent abuse of customs and immigration powers to search and question Huawei employees at various U.S. ports of entry,” the documents say.

The defence accuses officers of intentionally poor note keeping that obscures what exactly happened, including why the arrest plan apparently changed.

The documents suggest that Canadian officials initially planned to arrest Meng “immediately” after she landed, by boarding the plane before she got off. Instead, three CBSA officers immediately detained Meng when she disembarked the plane while two RCMP officers stood nearby and watched, despite their knowledge of the warrant calling for her “immediate” arrest, the defence says.

The defence argues spotty notes kept by the CBSA officers constitute a “strategic omission.”

“When assessed together, a clear pattern emerges from these materials: the CBSA and the RCMP have strategically drafted these documents to subvert the applicant’s ability to learn the truth regarding her detention,” the defence says.

Amy Smart, 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

SD62 asks Colwood to help fund crossing guard at Wishart Elementary

‘We’re just overly congested,’ says PAC president

Saanich Police respond to petition for new police agency on Lindsay Buziak murder case

Petition asks Public Safety Minister to to help find justice for slain realtor

Greater Victoria has Canada’s sixth-highest ‘moving penalty’

Disparity between vacant/occupied units incentivizes renovictions and reduces mobility, researcher says

Teams finalized in last push before Pan Am Cross Country Championships

The competition is taking place at Bear Mountain Resort in Langford on Feb. 29

Fashion Fridays: The 8 best quality online stores! Shop the ultimate sales

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Greater Victoria Crime Stoppers wanted list for the week of Feb. 18

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: Do you support the proposed changes for ICBC?

Tuesday’s provincial budget predicted a shift from shortfall to surplus in wake… Continue reading

B.C., Ottawa sign sweeping 30-year deal for northern caribou habitat

West Moberly, Saulteau co-manage new protection on two million acres

Suspect at large after stealing seaplane before crashing into another in Vancouver

Police responded to the incident at 3:30 a.m. on Friday at Vancouver Harbour

PHOTOS: 2020 BC Winter Games kick off in Fort St. John

More than 1,000 of B.C.’s best athletes will be competing over the next three days

Meet the Wet’suwet’en who want the Coastal GasLink pipeline

Supporters of the pipeline are upset only one side is being heard nationwide

Shopping cart collector at B.C. Costco awarded $583,000 after getting pinned by car

Kurtis Ryan Burdeniuk, 22, was retrieving carts when a driver backed into him in the parking lot

‘Usain Bolt he was not’: B.C. gang police seize drugs, cash after foot chase

‘The man took off running when he saw our officers approaching,’ CFSEU BC says

Most Read