Canada: RCMP and CBSA say Huawei CFO Meng Wanzhou's phones never examined as claimed - PressFrom - Canada
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CanadaRCMP and CBSA say Huawei CFO Meng Wanzhou's phones never examined as claimed

09:05  05 june  2019
09:05  05 june  2019 Source:   cbc.ca

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RCMP and CBSA say Huawei CFO Meng Wanzhou's phones never examined as claimed© Ben Nelms/CBC Huawei chief financial officer Meng Wanzhou is facing possible extradition to the United States. The RCMP and CBSA claim her Charter rights were never violated.

Lawyers for the RCMP and the Canada Border Services Agency claim agents have never examined electronic devices belonging to Huawei chief financial officer Meng Wanzhou.

Both agencies filed a joint response in B.C. Supreme Court Monday to Meng's civil suit claiming that her Charter rights were violated when she was detained and arrested at Vancouver International Airport on Dec. 1, 2018.

The court documents name two border services officers who searched Meng's luggage and seized her phones after she disembarked a flight from Hong Kong.

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Image caption Meng Wanzhou is the daughter of the company' s founder. She was arrested on 1 Huawei has consistently denied the allegations, and the firm' s boss says it is being used as a pawn While the US says the charges against Huawei aren't about trade war, it is unlikely the Chinese will

The arrest of Meng Wanzhou , the chief financial officer , unfolded on the same night that President Huawei said in a statement that Ms. Meng was arrested while changing planes in Canada and that she faced While the United States has long claimed an advantage in the tech industry, China’ s internet

But they claim that while one officer wrote down the phone numbers and passwords, he didn't examine the contents of the electronic devices. And nor — allegedly — did police.

"The RCMP did not receive any information that the CBSA obtained in the course of the immigration and customs examinations of the plaintiff other than the piece of paper containing the phone numbers and passwords for the phones," the response to the civil claim reads.

RCMP and CBSA say Huawei CFO Meng Wanzhou's phones never examined as claimed© Alexander Bibik/Reuters The RCMP and CBSA claim Meng's electronic devices were seized but not searched on her detention at Vancouver's airport in December, 2018.

"At no time has any RCMP officer examined the contents of the electronic devices or the phones."

Charges of conspiracy, fraud, obstruction

Meng was arrested at YVR at the behest of the United States, where prosecutors want her to stand trial for allegedly violating sanctions against Iran.

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Meng Wanzhou (Chinese: 孟晚舟; born 13 February 1972), also known as Sabrina Meng and Cathy Meng , is a Chinese business executive.

The 47-year-old is the daughter of Huawei founder Ren Zhengfei.

She is charged, along with the company, with 13 counts of conspiracy, fraud and obstruction related to an alleged scheme to circumvent sanctions against Iran through a shadow company in Tehran that prosecutors say was actually controlled by Huawei.

Meng, who was released on $10 million bail in December, is currently guarded around the clock. She pays the security bill and recently moved from her home in Dunbar to a second house in Shaughnessy where she is living while she awaits an extradition hearing.

She filed a civil suit against the CBSA and the RCMP in March, claiming her Charter rights were violated.

She claims the two agencies colluded with American officials to have her detained for three hours and examined her phones without informing her of the reason for her detention, before she was officially arrested.

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Huawei executive Meng Wanzhou has filed a notice of civil claim alleging “serious violations” of The allegations have not been proven in court and the CBSA , RCMP and the attorney general’ s It says border officers prohibited Meng from speaking with her travel companion or anyone else

'She intended to visit her house'

But in their response, the RCMP and the CBSA claim they did everything by the book, flagging Meng for secondary inspection and then searching her luggage while asking her about the purpose of her visit to Canada.

Meng's trip to Vancouver has previously been described as a brief layover on her way to Mexico City, but according to the response, she intended to clear customs.

RCMP and CBSA say Huawei CFO Meng Wanzhou's phones never examined as claimed© Provided by Canadian Broadcasting Corporation

"The plaintiff indicated that she was in transit to Mexico but that during her layover, she intended to visit her house in Vancouver to drop off some belongings," the response reads.

"Since the plaintiff was intending to visit her house in Vancouver, the plaintiff proceeded to the customs hall to claim her luggage."

The agencies claim that Meng never asked to speak with a lawyer during the time in CBSA custody before she was arrested. They also claim that the three hour wait was not unusual to clear secondary inspection on a Saturday.

'So that data could not be remotely deleted'

The response to the civil suit also claims neither the RCMP nor the U.S. Department of Justice requested or suggested that the CBSA officers take any course of action or line of questioning during Meng's detention.

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Lawyers for Meng Wanzhou said Sunday they filed a notice of civil claim in the British Columbia Huawei executive Meng Wanzhou claims no one told her she was being arrested until after she Wanzhou is now suing three unnamed Canada Border Services Agency officers , RCMP Const.

Meng Wanzhou , Huawei ' s chief financial officer and deputy chair, was arrested in Vancouver on 1 December. Details of the arrest have not been China' s embassy in Canada protested at the arrest and demanded her release. Huawei said it had little information about the charges and was "not

But they claim they did ask the CBSA to "protect any mobile phones that the plaintiff might have by placing them in bags, which the RCMP supplied to the CBSA, so that any data could not be remotely deleted."

Meng's legal team are set to make a brief appearance in B.C. Supreme Court this Thursday in preparation for a longer set of procedures in September aimed at arguing for more disclosure around her detention and arrest.

Her lawyers have indicated that they plan to ask a judge to dismiss the entire proceedings as a result of alleged breaches of her rights. They also plan to argue that she is the victim of political interference by U.S. President Donald Trump.

Meng is not expected to attend the hearing this week.

In response to her civil claim, the RCMP and the CBSA say Meng's allegations against them are without merit. They are asking for her civil suit to be dismissed with costs.

Beijing suggests its snub of Canada will continue until Meng Wanzhou is released.
The spiraling diplomatic row between Ottawa and Beijing "lies entirely with Canada," the Chinese foreign ministry said Thursday, suggesting for the first time that its leadership won't speak with Prime Minister Justin Trudeau until Canada drops extradition proceedings against a Chinese telecom executive. CBC News reported Wednesday that Beijing ignored a personal attempt by Trudeau earlier this year to arrange a conversation with China's premier in order to intervene on behalf of Canadians detained in China. Trudeau's office confirms that the prime minister requested the meeting, but China ignored and ultimately rejected his request.

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