(March 2) The Canadian government will allow the extradition process to the US of Meng Wanzhou Chief Financial Officer (CFO) of the Chinese tech giant Huawei to proceed after what it called a thorough and diligent review of the evidence in the case.
The next step in the process is for a judge to determine if the extradition process should continue.
Charges against Meng
Meng is the daughter of the founder of Huawei Ren Zhengei. She was arrested in Vancouver last December at the request of the US on charges of fraud. Meng served on the board of Skycom, a Hong Kong based company that is alleged to have done business with Iran in 2009 and 2014 in violation of US sanctions. A separate case involves Huawei allegedly stealing intellectual property associated with a phone testing robot developed by T-Mobile. The arrest of Meng in Canada has strained relations between Canada and China.
US regarded Huawei as a potential threat to national security
President Trump is expected to issue an order that will limit that sales of Huawei 5G equipment within the US shortly. Huawei has denied any wrongdoing or inappropriate dealings with the Chinese government. As reported in a recent Digital Journal article the US has also tried to convince European countries not to use Huawei technology.
Meng is out on bail while she waits to next process to continue. If she is extradited she will face trial in the US. Meng's attorney told The Verge: “Our client maintains that she is innocent of any wrongdoing and that the U.S. prosecution and extradition constitutes an abuse of the processes of law.” Another Digital Journal article also covers the Meng extradition process.
The next steps
A government article notes: "The next step is the judicial phase where a judge hears the case. If the judge decides a person should be committed for extradition, then the Minister of Justice must decide if the person should be surrendered (extradited) to the requesting country. The Minister of Justice will not comment on the facts of this case given he may need to make a decision later in this process.
Under the Extradition Act and the Treaty, Canada must review the alleged conduct and determine whether it could have resulted in a jail sentence of 1 year of more if it had taken place in Canada. The conduct for which extradition is sought must also be considered criminal in both the United States of America and in Canada. This is known as “dual criminality”. Canada’s extradition process protects the rights of the person sought by ensuring that extradition will not be granted if, among other things, it is contrary to the Canadian Charter of Rights and Freedoms, including the principles of fundamental justice."
Meng is to appear at the British Columbia Supreme Court on March 6 to confirm that an Authority to Proceed has been issued. At that time a date will be scheduled for the hearing. At the hearing the Canadian government will make its detailed arguments available to the Court. The evidence will become part of the public record. The extradition hearing is not a trial. If there is a trial it will be in the US after she is extradited. Meng will remain on bail during court proceedings. The process could take months or even longer.
Previously published in Digital Journal
Previously published in Digital Journal
