Wanzhou Meng Case
Date: February 8, 2021
- I cannot speak to the specifics of this case as it is currently before the courts. The extradition proceedings are currently before the Supreme Court of British Colombia.
- All persons, including Canadian citizens, seeking entry to Canada must present to the CBSA and may be subject to a more in-depth exam. The CBSA has policies and procedures that it follows for all secondary examinations to determine the admissibility of people and goods into Canada.
- Ms. Meng arrived off a Cathay flight from Hong Kong on December 1, 2018. She was met by Canada Border Services Agency (CBSA) officers who had been notified of a provisional arrest warrant for her extradition to the United States for fraud (over $5,000), issued on November 30, 2018 by the Supreme Court of British Columbia. The CBSA advised Ms. Meng that her customs examination was concluded and she was released to the care and control of the Royal Canadian Mounted Police (RCMP) who then arrested her for the purposes of extradition. On December 1, the CBSA issued a warrant for the continuation of her examination and determination of admissibility to Canada under the Immigration and Refugee Protection Act (IRPA). At no point during this process was Ms. Meng detained by the CBSA. The CBSA followed its policies and procedures for secondary examination to determine the admissibility of people and goods into Canada.
- Ms. Meng’s bail hearing under the extradition process concluded on December 10, 2018 and she was ordered released on various conditions, including a $10 million bond. At the time of her release, the CBSA executed its December 1, 2018 warrant, releasing her on conditions and deferring her examination until enough evidence is gathered to make an admissibility determination under IRPA.
- On March 1, 2019, the Minister of Justice issued an Authority to Proceed in Ms. Meng’s extradition matter, formally commencing her extradition process. The same day, Ms. Meng filed a civil action against the CBSA, the RCMP and their officers seeking an unspecified amount of damages for breaching her section 7, 8, 9, 10(a) and 10(b) Charter rights and unlawfully detaining her at the Vancouver International Airport. She is alleging that RCMP officers and/or representatives of the United States Department of Justice arranged for the CBSA to delay the immediate execution of the arrest warrant in order to obtain evidence and information from Ms. Meng, including the examination of her baggage and electronic devices, under the guise of a routine border check.
- On June 3, 2019, the CBSA filed its Statement of Defense.
- The Government of Canada disclosure of relevant documents in the civil action was made on June 29, 2019.
- In her separate extradition proceedings United States v. Meng, a disclosure motion filed by Ms. Meng was argued before the Supreme Court of British Colombia between September 16 and October 4, 2019. This motion was brought in order to seek further disclosure of documents (more than would normally be permitted in such a matter) from the Government of Canada.
- The motion was made in furtherance of an abuse of process motion brought by Ms. Meng’s counsel. On December 9, 2019, the court ruled that Ms. Meng had met the legal test for disclosure and made an Order for further document production.
- The Government of Canada disclosed the relevant documents in the extradition proceedings in June 2020. The Government of Canada filed motions under s.37 and s.38 of the Canada Evidence Act to protect sensitive information, which the court upheld on August 25, 2020 and October 9, 2020.
- As part of the abuse of process allegations in the extradition proceedings, CBSA and RCMP officers testified for approximately four weeks from October to December 2020. The four weeks were spread out during three months due to the scheduling availability of the court and the testimony taking longer than anticipated.
- On January 12, 2021, Ms. Meng applied to the court to amend her bail conditions, which the court denied on January 29, 2021.
- Ms. Meng has filed her submissions relating to the abuse of process allegations in the extradition proceedings on January 27, 2021. The Government of Canada’s are due on February 26, 2021 and the hearing is set to take place from March 15 until April 1, 2021.
Approved by: Scott Harris, Vice-President, Intelligence and Enforcement Branch
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