Meng's defence team pushes for release of secret documents, alleges unlawful investigation

Lawyers for Meng Wanzhou pushed today for the release of documents they say could bolster their claim that FBI and Canadian authorities conspired in a "covert" criminal investigation against the Huawei executive and violated her constitutional rights.

In a virtual federal court hearing part of Meng's ongoing extradition proceedings defence counsel Scott Fenton argued the events of Dec. 1, 2018 were unlawful because border officials detained Meng and seized evidence three hours before she was formally arrested by the RCMP. That defied a judge's provisional arrest warrant that instructed officers to "immediately" arrest Meng, he said.

"She was immediately accosted by the CBSA while the RCMP officers who were tasked with her provisional arrest stood by with the warrant in their pocket and watched," Fenton said.

Today's hearing centred on six heavily redacted documents related to communications between CSIS and the FBI, whichthe attorney general disclosed to Meng's lawyers after an order from the B.C. Supreme Court judge who is overseeing the case. The defence team is making the case that there was an abuse of process and that there should be a stay of extradition proceedings.

Meng's high-profile, politically charged case is to determinewhether she should be sent to the U.S. to face fraud charges. U.S. authorities allegeshe lied to an HSBC executive in August 2013 about her company's control of a firm accused of violating sanctions against Iran.

Upon arriving in Vancouver on a flight from Hong Kong, Fenton said border officers seized Meng's electronic devices and obtained her private passwords in the course of what he called an "arbitrary detention." The devices were secured in special signal-blocking bags provided by the RCMP, according to a seizure request made by the FBI, he said.

No reason given for detention: lawyer

CBSA officers did not tell Meng the reason for detention and offered no access to legal counsel, Fenton said.

"All of that information was intentionally withheld from her and throughout this covert investigation. Ms. Meng was deprived of every applicable charter right," he said.

Fenton said using the CBSA which is mandated to enforce immigration and customs laws to gather evidence for a criminal investigation in another country is not a legal function of the border agency.

The government has opposed the release ofunredacted CSIS documents, insisting the disclosure of sensitive information could further damage Canada-China relations and put Canadian lives at risk

Two Canadians, Michael Kovrig and Michaael Spavor, were detained in China shortly after Meng's arrestin what federal government officials have said was an act of retaliation. They remain in Chinese custody.

Federal government lawyer Robert Frater said today the abuse of process matter is one to be decided by the B.C. Supreme Court,not the federal court, but he flatly rejected the defence lawyers' claims.

"The attorney general does not accept that there was any conspiracy to deprive Ms. Meng of her rights. We do not accept that government officials failed to execute the arrest warrant properly. We do not accept there was any violation of Ms. Meng's rights," he said.

Meng Wanzhou's legal team asks court to release documents

4 years ago

Duration 7:56

Immigration lawyer, Richard Kurland speaks with Dianne Buckner about the reason Meng's lawyers are pushing for full access to highly sensitive CSIS documents.

B.C. immigration lawyer Richard Kurlandsuggested the documents could be "critical" to the defence team's claim that Meng's rights were violated, and may shed light on why Canada's intelligence agency was communicating with the FBI before her arrest.

"Whywas Canadian intelligence involved prior to Ms. Meng getting on to that airplane? Did Canada, as the defence is suggesting, get in bed with American law enforcement on a bank fraud case?" Kurland said in an interview with CBC News Network.