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Canada Judge rules lawyers can argue U.S. misled Canadian officials in win for Meng

03:16  30 october  2020
03:16  30 october  2020 Source:   msn.com

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During the January hearing, lawyers for Meng argued that what she' s accused of does not break Canadian The judge ' s Wednesday ruling came to a similar conclusion. Holmes wrote in the ruling that Other Canadian officials , including Minister of Foreign Affairs François-Philippe Champagne

0:00 Meng Wanzhou’ s lawyers argue U . S . omitted or misstated facts to Canadian officials . Huawei CFO Meng Wanzhou asks for extradition to be stayed, says U . S . mislead Canada . Defence lawyer Scott Fenton told the judge hearing the extradition case in B.C. Supreme Court today that the United

VANCOUVER — A Canadian border officer denied suggestions by a lawyer for Huawei executive Meng Wanzhou Thursday that he seized her electronic devices at the behest of American investigators.

a close up of a person in a blue shirt © Provided by The Canadian Press

Scott Kirkland told the court he also wrote down Meng's phone numbers and passcodes while she was in the custody of the Canada Border Services Agency for three hours before she was informed of her arrest by RCMP.

Meng, the company's chief financial officer, is facing extradition to the United States on fraud charges that both she and Huawei deny.

"My proposition is that you're seizing the electronics for the FBI," defence lawyer Mona Duckett said to Kirkland during cross-examination in a B.C. Supreme Court hearing on Thursday.

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The US Justice Department alleges that Meng committed financial transgressions by misleading multinational financial conglomerate, HSBC, into Meng ' s detention has led to a deterioration of Sino- Canadian relations and, according to Canadian officials , was allegedly a contributing factor to

Meng ' s lawyers have argued that abuses of process occurred in the three hours between when she was intercepted by CBSA officers and her arrest Yep insisted that the RCMP stayed in their lane and did not direct the CBSA in its investigation of Meng . Prosecutors for the Canadian government have

"We're not seizing anything for the FBI," Kirkland said.

While the CBSA was aware Mounties would arrest Meng when they were done questioning her, Kirkland said the CBSA screening process was completely independent.

"Now whether the RCMP made the decision to give the FBI whatnot or what they had pre-arranged, I have no idea," he said.

Kirkland is the second in a series of witnesses called to testify at the request of Meng's defence team, which is gathering evidence for arguments it will make next year that she was subjected to an abuse of process.

The defence has alleged there was a "co-ordinated strategy" to have the RCMP delay her arrest so border officials could question Meng under the pretense of a routine immigration exam.

Meng lawyer accuses RCMP officer of dishonesty in explanation about her arrest

  Meng lawyer accuses RCMP officer of dishonesty in explanation about her arrest A lawyer for Meng Wanzhou is accusing an RCMP officer of lying about why he didn't arrest the Huawei executive immediately at Vancouver's airport two years ago. Richard Peck told Const. Winston Yep during cross-examination today that he does not believe Yep was honest when he told the B.C. Supreme Court this week why the arrest only happened after Canada Border Services Agency officials questioned Meng for three hours. Yep is the first in aRichard Peck told Const. Winston Yep during cross-examination today that he does not believe Yep was honest when he told the B.C. Supreme Court this week why the arrest only happened after Canada Border Services Agency officials questioned Meng for three hours.

A Canadian judge ruled Wednesday the U . S . extradition case against a senior Huawei executive can proceed to the next stage, a decision that is It says Meng , 48, committed fraud by misleading the HSBC bank about the company’ s business dealings in Iran. Meng ’ s lawyers argued during a hearing

Meng ' s lawyers have argued that abuses of process occurred in the three hours between when she was intercepted by CBSA officers and her arrest by Prosecutors for the Canadian government have tried to prove that Meng ' s arrest was by the book, and any lapses in due process should not impact

Also on Thursday, Associate Chief Justice Heather Holmes released a decision allowing the defence to pursue another branch of argument next year as part of its abuse of process allegations.

The defence team seeks to argue that the United States misled Canadian officials in its summary of the case against her by omitting certain evidence.

"I have concluded that there is an air of reality to Ms. Meng's allegations of abuse of process in relation to the requesting state's conduct in certifying the (record of case)," the decision says.

Holmes said some portions of evidence will be allowed to be argued by Meng's lawyers, including that certain statements were left out of a summary of a PowerPoint presentation — the main evidence against Meng in the fraud claim.

"Fairness therefore requires the admission of this evidence."

Meng is wanted in the United States on fraud charges over allegations she lied to HSBC about Huawei's relationship with a company doing business in Iran, putting the bank at risk of violating American sanctions against that country. Meng and Huawei deny the allegations.

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Meng ’ s legal team is arguing this week for the disclosure of additional evidence from the Crown relating to her Dec. DARRYL DYCK/The Canadian Press. Canadian and U . S . authorities Her defence lawyers also walked the court through CCTV video of two Canada Border Services Agency

Meng ' s lawyers believe officials with the Canada Border Services Agency (CBSA) used their She is accused of misleading banks about Huawei' s relationship with a hidden subsidiary, which is Meng ' s lawyers were also looking for correspondence between RCMP and U . S . law enforcement as well as

On Wednesday, Kirkland testified he and his colleague who led the examination were "shocked" when they learned one hour before Meng's flight landed that such a high-profile case was coming their way.

He said the border agency was obligated to conduct its own screening of Meng after she landed because officers had suspicions relating to criminality and national security that could affect Meng's admissibility to Canada. That examination is independent of the RCMP's process, he said.

However, he acknowledged on Thursday that his colleagues seemed to "lack the same urgency" about national security, which he said he developed based on internet sources and his own knowledge of telecommunications. He did not lead Meng's examination.

Meng was flagged on an internal database because of an outstanding warrant. While Kirkland suggested Wednesday that she was identified as a national security target in the database, he acknowledges that may not have been the case when pressed by Duckett.

During Meng's questioning, he said she was never informed of the existence of a warrant for her arrest, nor asked about national security concerns like espionage.

Border officer says he didn't intend to share Meng's phone passcodes

  Border officer says he didn't intend to share Meng's phone passcodes VANCOUVER — A border officer who assisted in the three-hour detention and examination of Huawei executive Meng Wanzhou before her arrest at Vancouver's airport two years ago says collecting phone passcodes is routine during secondary examinations of foreign nationals. Scott Kirkland told the B.C. Supreme Court yesterday that if he realized at the time that the piece of paper where he wrote the passcodes on would be passed on to RCMP along with her devices, he would have acted immediately. He says he typically returns the piece of paper with passcodes to the foreign national as a reminder that they should change the codes after the examination.

Meng ’ s lawyers have argued that Canadian authorities improperly communicated with their U . S . counterparts, including allegedly sharing identifying details about her electronic devices. Meng Wanzhou’ s lawyers argue U . S . omitted or misstated facts to Canadian officials .

The Canadian prosecutors litigating the Meng extradition case in Vancouver at the request of U . S At this juncture, the judge presiding over the Meng case in Canada is considering whether to accept an argument by her lawyers that the United States misled Canadian officials about the details of the

"Do you agree that throughout the examination there was not an iota of evidence gathered to support a national security concern?" Duckett asked.

"That is correct," he replied.

He also testified Thursday said that CBSA and RCMP discussed how information from the customs and immigration exam could be shared legally.

Kirkland said that he couldn't recall whether it was an RCMP or border officer who raised the Customs Act on the issue of information sharing, but he agreed that it was raised in anticipation that border officials could discover information worth sharing.

"It was brought up in the context of how the RCMP could legally obtain information from your examination?" Duckett asked.

"Yes," Kirkland said.

"So, in advance of the examination, there was a discussion of the sharing of information obtained, right?"

"Yes," he said.

"In anticipation of getting information worth sharing?" Duckett asked.

"If that arose, yes."

This report by The Canadian Press was first published Oct. 29, 2020.

Amy Smart, The Canadian Press

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This is interesting!