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Crown says Meng Wanzhou’s alleged actions would be crime in Canada

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The Department of Justice says the allegations against Huawei executive Meng Wanzhou would be a crime in Canada and she should be extradited to the United States on fraud charges.

The department says in documents filed in British Columbia Supreme Court that the allegations meet the crucial extradition test of “double criminality,” meaning if they had occurred in Canada they would be criminal under Canadian law.

 

The U.S. alleges Meng lied about Huawei’s relationship with its Iran-based affiliate Skycom to one of its bankers, HSBC, putting the financial institution at risk of violating U.S. sanctions against the country.

“Simply put, there is evidence she deceived HSBC in order to induce it to continue to provide banking services to Huawei,” says the Justice Department in the court documents released Friday.

 

The Huawei chief financial officer denies the allegations and is free on bail, living in one of her two multimillion-dollar homes in Vancouver, ahead of a hearing set to begin Jan. 20 that will focus on the double-criminality test.


Her legal team has argued the alleged misrepresentations do not amount to fraud. It says the case is really about the U.S. trying to enforce its sanctions against Iran even though Canada does not have the same sanctions.

However, lawyers for the Department of Justice say in the court documents that Meng’s alleged conduct put HSBC at risk of economic loss and is sufficient to make a case of fraud in Canada.

“To establish HSBC’s deprivation, there is no need to consider American sanctions law,” they say.

The documents say Huawei controlled the operations of its affiliate Skycom in Iran from at least 2007 to 2014. Skycom employees used Huawei email addresses and access badges and the company’s bank accounts were controlled by Huawei, the documents say.

At the same time, they say HSBC was Huawei’s most important international bank. HSBC and its U.S. subsidiary cleared more than US$100 million worth of transactions related to Skycom through the U.S. between 2010 and 2014, the Justice Department alleges.

It alleges that Meng met with a senior HSBC executive in 2013 and assured them in a PowerPoint presentation that Huawei no longer held a shareholding interest in Skycom and she had resigned from Skycom’s board. She also told them Huawei subsidiaries in Iran would not have business transactions with HSBC, the court documents say.

HSBC has a long-standing policy prohibiting relationships with Iran-based clients and processing Iran-related transactions through the U.S. to avoid exposure to American civil and criminal liability, the documents say.

“Had HSBC known of Huawei’s activities that breached American sanctions against Iran, HSBC would have re-evaluated its relationship with Huawei,” they say.

The bank risked fines and penalties for violating Iranian sanctions law by doing business with Skycom, both as a result of violating a previous deferred prosecution agreement and attracting additional penalties, the documents add.

The Department of Justice also says there is precedent for the court to consider a foreign legal context in a limited way in an extradition proceeding. Doing so would only reinforce the conclusion that the allegations meet the double-criminality test, it says.

“Consideration of American sanctions law only serves to assist this court to better understand why HSBC’s economic interests were at risk.”

Meng’s arrest at Vancouver’s airport on Dec. 1, 2018, has fractured Canada-China relations. Beijing detained two Canadians, Michael Kovrig and Michael Spavor, in a move widely seen as retaliation and restricted some imports including canola.

 

The double-criminality hearing starting Jan. 20 is scheduled for five days.

If the judge rules the test has not been met, Meng will be free to leave Canada, though she’ll still have to avoid the U.S. if she wants to evade the charges. If the judge finds there is double criminality, the hearing will proceed to a second phase.

The second phase, scheduled for June, will consider defence allegations that the Canada Border Services Agency, the RCMP and Federal Bureau of Investigation conspired to conduct a “covert criminal investigation” at the airport.

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Quick Quotes: What Liberal MPs have to say as the caucus debates Trudeau’s future

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OTTAWA – Here are some notable quotes from Liberal members of Parliament as they headed into a caucus meeting Wednesday where they are set to debate Prime Minister Justin Trudeau’s leadership.

Comments made after the caucus meeting:

“The Liberal party is strong and united.”

Prime Minister Justin Trudeau

———

“Justin Trudeau is reflecting and he’s standing strong and we’re standing strong as a Liberal party.”

“We as a party recognize that the real threat here is Pierre Poilievre and that’s what we’re fighting for.”

“Trudeau has made very clear that he feels he’s the right choice but he appreciates all of what is being said because he’s reflecting on what is being done across Canada. I respect his decision, whatever that may be.”

Charles Sousa, MP for Mississauga—Lakeshore

———

“We had some open and frank discussions. People are relentlessly focused on serving Canadians and win the next election. This was really a rallying call to win the next election.”

Industry Minister François-Philippe Champagne, MP for Saint Maurice—Champlain

———

“I don’t know how many people spoke, well over 50 I’m sure. They came at this from all angles and now (we’ve) got to go back and process this.

“We’re on a good path.

“It was very respectful. You know, caucus has always had the ability to get into some tough conversations. We did it again today and it went extremely well. Where we land? Who knows? You know we have to go and really process this stuff. But one thing that is absolutely, you know, fundamental is that we are united in the fact that we cannot let that creature from the Conservative party run the country. He would ruin things that people greatly value.”

Ken Hardie, MP for Fleetwood—Port Kells

———

Comments from before the caucus meeting:

“There’s a — what would you call it? Some palace drama going on right now. And that takes us away from the number 1 job, which is focusing on Canadians and focusing on the important policies but also on showing the really clear contrast between our government, our party and Pierre Poilievre.”

Randy Boissonnault, Employment Minister, MP for Edmonton Centre

———

“We’re going to go in there and we’re going to have an excellent discussion and we are going to emerge united.”

Treasury Board President and Transport Minister Anita Anand, MP for Oakville

———

“I think caucus is nervous because of the polling that has been constantly going down in favour of Liberals, and there’s a lot of people who do want to run again. I’m not running again, although I already told the prime minister that. But there are people there that want to run again and they’re nervous because of what polls are saying.”

“He has to start listening.”

Ken McDonald, MP for Avalon

———

“We’re going to have a good caucus meeting. MPs should be free to air their perspectives, I’m sure they will, and we’ll come out of it united.”

Peter Fragiskatos, MP for London North Centre

———

“I have to read the room. There’s all sorts of wheels within wheels turning right now. I’m just going to go in there, I’m going to make my mind a blank and just soak it all in.”

“I’m not going to say anything about (the prime minister) until I have my say in there.”

Ken Hardie, MP for Fleetwood—Port Kells

———

“I wish there was a mechanism for it, yes,” he said, responding to whether he wanted a secret ballot vote in caucus to determine Trudeau’s leadership.

Sean Casey, MP for Charlottetown

———

“The prime minister will always be on my posters and he is welcome in Winnipeg North any time.”

Kevin Lamoureux, MP for Winnipeg North

———

“Absolutely I support the prime minister.”

Yvonne Jones, MP for Labrador

———

“When you look divided, you look weak.”

Judy Sgro, MP for Humber River—Black Creek

———

“I think Pierre Poilievre is absolutely beatable, he’s ripe for the picking with the right vision, the right leadership and the right direction for our party. The Liberal party is an institution in this country. It’s bigger than one person, one leader, and it’s incumbent on us as elected officials to make sure we put the best foot forward.”

Wayne Long, MP for Saint John—Rothesay

This report by The Canadian Press was first published Oct. 23, 2024.



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With Liberal election win, First Nations in N.B. look forward to improved relations

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FREDERICTON – Chief Allan Polchies says he is excited about New Brunswick’s new Liberal provincial government.

Polchies, of St. Mary’s First Nation, says he looks forward to meaningful dialogue with premier-designate Susan Holt after years of tense relations with the outgoing Progressive Conservatives under Blaine Higgs.

He is one of six Wolastoqey Nation chiefs who have filed a land claim for a significant part of the province, arguing treaty rights have not been respected by corporations and governments, both of which have exploited the land for hundreds of years.

The December 2021 court challenge has been a sore point between Indigenous Peoples and the Higgs’s government.

Eight Mi’kmaw communities are also asserting Aboriginal title to land in the province, and they say they hope to work with Holt and her team on “advancing issues that are important to our communities.”

Holt’s campaign didn’t give details on the Liberal government’s position on the Indigenous claims, but she has said she wants to rebuild trust between the province and First Nations.

This report by The Canadian Press was first published Oct. 23, 2024.

The Canadian Press. All rights reserved.



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Abdelrazik tells of despair when Ottawa denied him passport to return home from Sudan

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OTTAWA – Abousfian Abdelrazik told a court today about the roller-coaster of emotions he experienced during the tense days of early 2009 when he awaited the green light to return to Canada from Sudan.

The Sudanese-born Abdelrazik settled in Montreal as a refugee and became a Canadian citizen in 1995.

During a 2003 visit to his native country to see his ailing mother, he was arrested, imprisoned and questioned about suspected terrorist connections.

Abdelrazik says he was tortured during two periods of detention by the Sudanese intelligence agency.

He is suing the federal government, claiming officials arranged for his arbitrary imprisonment, encouraged his detention by Sudanese authorities and actively obstructed his repatriation to Canada for several years.

In March 2009, he made arrangements to fly home to Canada and asked Ottawa to issue him an emergency passport, but his hopes were dashed — at least temporarily — when the request was turned down.

This report by The Canadian Press was first published Oct. 23, 2024.

The Canadian Press. All rights reserved.



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