CanadaANALYSIS: Trudeau cannot just order Huawei’s Meng Wanzhou to go free — or can he?
What Jean Chrétien has done to Canada on the Meng Wanzhou case
Terry Glavin: Why does Beijing think the Trudeau government can simply shuck off the U.S. and free the Huawei exec? Because a certain former PM keeps saying so.
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Former prime minister Jean Chretien and one of his former ministers, John McCallum, have been publicly and privately musing that Canada should just start patching things up with China by releasing.
“I think it’s shocking,” said University of Ottawa law professor Amir Attaran. “I think that’s absolutely inappropriate. If they want to make those comments, run for office again.”
Meng Wanzhou’s lawyers call on Trudeau government to end extradition proceedings
Meng’s lawyers argue the extradition proceedings against the embattled tech executive are “without merit” and stopping the proceedings would be in the best interest of Canada. “These extradition proceedings are unique,” lawyers David Peck, David Martin, Scott Fenton and Eric Gottardi said in a joint statement Monday. “The factual and legal underpinnings for Ms. Meng’s extradition are without precedent in Canadian law.” WATCH: China blames Canada for rocky relations as Trump looks to intervene They publicly disclosed the contents of the letter saying they would leave that decision to Minister Lametti.
Meng, of course, is the chief financial officer of Chinese tech giantand was on behalf of the United States. That arrest has sparked a furious backlash from China. In addition to detaining in the country, China has banned Canadian , and, most recently, — exports worth billions of dollars a year to Canadian businesses.
Why suffer all that pain? Why not just send Meng back to China?
But we cannot. At least, not right now. Because in Canada, like most western democracies and not — this cannot be stressed enough — like China, politicians cannot simply phone up a judge and order that an accused person be set free.
Whose side is Jean Chrétien on?
Terry Glavin: As China wages a political attack on Canada, the former PM’s interventions give cover to Beijing—and to Meng Wanzhou’s lawyers
And that's where Meng's case is right now: before Associate Chief Justice Heather Holmes of the British Columbia Supreme Court.
If Holmes does eventually rule that Canada should honour the extradition request by the United States — which has charged Meng with fraud in association with alleged violations of Huawei on American sanctions on trading with Iran — and surrender her to American authorities, there will be an opportunity for Prime Minister Justin Trudeau, through his justice minister, David Lametti, to intervene and, if they so choose, to block the extradition.
But that opportunity comes much, much later, at the very end of the extradition proceeding.
"This is an independent process that can’t allow for political interference of any kind,” said Irwin Cotler, the noted human rights scholar who was once Chretien’s justice minister and attorney general.
"At this stage in the process, we have to abide by all the various aspects surrounding the rule of law, which means abide by the bilateral extradition treaty.”
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Meng has availed herself of her right to bail — she is living in a comfortable house in Vancouver under court-ordered monitoring and supervision while Canadiansand — and has availed herself of the right to legal counsel to represent her in a Canadian court.
It should be noted that her legal counsel hasand put those musings before the court for the judge to consider as yet more evidence that Meng’s arrest is about politics, not justice.
The first and best evidence of that, so far as Meng’s team is concerned, has been tweets issued from the smartphone of U.S. President Donald Trump who, in suggesting he might drop the charges against Meng if the United States gets a good trade deal with China, has all but confirmed that Meng’s arrest is a fungible item to be cashed in at the White House's whim.
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OSAKA, Japan — Prime Minister Justin Trudeau has arrived in Osaka, Japan for the G20 leaders' summit, where he will look to raise the issue of two Canadians held in China at "every opportunity." Trudeau has no meeting with Chinese President Xi Jinping at the summit to do this but U.S. President Donald Trump committed to raising the issue during his own meeting with the prime minister in the Oval Office last Thursday. Trudeau will also lean on like-minded allies that have already spoken out about the detentions, including France, the U.K., Germany and Spain.
Cotler is sceptical that Holmes would put much weight on this argument.
"Even after Trump made those statements, his own justice department effectively responded by saying [to Holmes]: 'This is not something the president can do.' It’s a legal process that has to be allowed to act itself out independently pursuant to treaty obligations and the like,” said Cotler.
Attaran, the law professor, agrees with Cotler and thinks ex-politicians like Chretien and McCallum should clam up while the matter is before the court.=
And yet, Attaran can see a way in which a Canadian justice minister could try right now to do his best to see that she wins.
"If I were David Lametti, I would be saying [to the lawyers representing Canada at the hearing]: 'I’m instructing you to go to court and concede the point that there has been troubling statements by the president that call into question whether this extradition is purely for the stated criminal purpose … or if it is for a political purpose emanating from the White House,'” said Attaran.
"Certainly, what Canada’s lawyers could do — and should do if they want to try to put this behind them — is to say: 'We consider Trump’s comments to be inappropriate and we agree with Meng’s lawyers that there could be a political purpose to this extradition.'"
Andrew Coyne: Want to help free the two Canadians in China? Stop talking about a deal
It has been more than six months since Michael Kovrig and Michael Spavor were kidnapped by the Chinese government. Not “arrested,” with its connotations of law, due process and evidence, but kidnapped. The two remain hostages, bargaining chips in the regime’s ferocious campaign to bully Canada into releasing Meng Wanzhou, a senior executive at Huawei Technologies and daughter of the company’s founder, detained here last December at the request of U.S. law enforcement. While Meng awaits her extradition hearing in one of her Vancouver mansions, in the rooms where Kovrig and Spavor are held the lights are reportedly never turned off.
But Attaran — a keen observer of politics as well as law — says such an intervention or direction by Lametti right now would be political poison to the Trudeau government, already laid low by allegations of political interference in a judicial process in the SNC-Lavalin matter.
Moreover, any Canadian government that instructed its lawyers to team up with Meng against U.S. Department of Justice lawyers in front of a Canadian judge is going to have some serious explaining to do about why Canada caved to the Chinese bully and simultaneously betrayed its best friend, the United States.
That’s why Trudeau and Foreign Affairs Minister Chrystia Freeland are right to reject any hint of considering an intervention in the Meng case. Canada is a nation of laws with a fully independent judiciary to interpret and enforce those laws. Full stop.
And the nations of the world — Chretien and McCallum, notwithstanding — can take inspiration and comfort from Canada’s unwavering insistence on the rule of law.
“With Canada doing that, it helps protect other [countries] who might be in a situation where they might be bullied or asked to do some untoward thing,” said Cotler.
“It’s demonstrating we are respecting a rules-based, democratic international legal order. And that we’ll abide by that with all the things that that mandates.”
David Akin is the chief political correspondent for Global News.
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