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Meng Wanzhou scores victory as lawyers allowed to argue U.S. tried to trick Canada – CBC.ca

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Meng Wanzhou scored a victory in her battle to fight extradition Thursday as the judge overseeing the proceedings agreed to let the Huawei executive’s lawyers pursue their claim that the United States misled Canada about the basics of the case.

In a ruling posted online, Associate Chief Justice Heather Holmes said there was an “air of reality to Ms. Meng’s allegations of abuse of process in relation to the requesting state’s conduct.”

At a hearing held last month, the chief financial officer’s lawyers said they believed the evidence was strong enough to prove that the United States omitted key components of the case that undermine allegations of fraud against their client.

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Holmes’ ruling means Meng’s lawyers will be able to include those claims as one of three lines of attack in February, when they try to convince the judge that the entire case should be thrown out for abuse of process.

In her ruling, Holmes noted that staying the proceedings against Meng was a possibility if the defence can make its case, but that she might also consider a less drastic remedy, like cutting out parts of the Crown’s record deemed unreliable.

Judge rules new evidence allowed

Meng is charged with fraud and conspiracy in the United States in relation to allegations that she lied to HSBC about Huawei’s relationship with a hidden subsidiary that was accused of violating U.S. economic sanctions against Iran.

Prosecutors claim that by lying to HSBC to continue a financial relationship, Meng placed the bank at risk of loss and prosecution for breaching the same sanctions.

The U.S. claims Meng Wanzhou lied to an HSBC banker in a PowerPoint about Huawei’s relationship with a subsidiary accused of violating U.S. sanctions against Iran. (Chan Long Hei/Bloomberg)

As part of the extradition process, the United States provided a record of the case that includes slides from the PowerPoint presentation Meng gave an HSBC executive in Hong Kong in August 2013.

But Meng’s lawyers claim the U.S. deliberately omitted two slides from the PowerPoint that showed Meng didn’t mislead the bank.

And they also claim that where the U.S. said only “junior” employees knew about the real relationship between Huawei and its subsidiary, senior executives at the bank were also aware.

In her ruling, Holmes said she would allow two statements from the missing slides to be included as evidence in the extradition case. She also agreed to allow evidence about HSBC’s management structure to help determine who is junior and who is not.

Rights violation issue not raised, CBSA agent testifies

Holmes released her decision even as Meng’s lawyers were in court gathering evidence related to the second line of argument that there was an abuse of process: the claim that her rights were violated at the time of her arrest.

Meng was questioned by Canada Border Services Agency (CBSA) officers for three hours before she was arrested on Dec. 1, 2018, after her arrival at Vancouver’s airport on a flight from Hong Kong.

A still from a video of Meng Wanzhou first few hours in CBSA custody. The defence claims her rights were violated during that time. (B.C. Supreme Court)

The defence team claims the CBSA and RCMP conspired with the U.S. Federal Bureau of Investigation to mount a covert criminal investigation into Meng by using the border agency’s extraordinary powers to question her without a lawyer.

The CBSA agent who seized Meng’s phones was on the stand Thursday for his second day of testimony.

Border services officer Scott Kirkland testified that he believed there were grounds to question Meng about the possibility she might be involved in espionage. 

During his testimony Wednesday, Kirkland said that was because the CBSA’s internal system has flagged her for “national security” reasons, but he admitted in cross-examination Thursday that this might not have been the case. Meng’s lawyer suggested that she was only targeted because of the criminal charges.

Kirkland also said he thought the RCMP should have arrested Meng immediately, before the CBSA carried out its inquiries, because he worried about the impact of a delay on her right to obtain legal counsel.

Kirkland said he knew the high profile case would end up in court.

But he said he didn’t raise the issue of possible Charter of Rights and Freedoms violations out loud. And no one else among the RCMP and CBSA officers who were present said the word “Charter.”

Two weeks have been set aside in February 2021 for arguments about the record of the case and the alleged violation of Meng’s rights at the time of her arrest.

The third defence claim relates to allegations that U.S. President Donald Trump has politicized the case by threatening to use Meng as a bargaining chip to get a better deal with China.

Holmes noted in her ruling that if any one of those lines of argument were proven, they might not be enough in and of themselves to derail the case, but the cumulative effect of all of them might end in a stay. 

Meng has denied the allegations against her. 

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Capital gains tax change draws ire from some Canadian entrepreneurs worried it will worsen brain drain – CBC.ca

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A chorus of Canadian entrepreneurs and investors is blasting the federal government’s budget for expanding a tax on the rich. They say it will lead to brain drain and further degrade Canada’s already poor productivity.

In the 2024 budget unveiled Tuesday, Finance Minister Chrystia Freeland said the government would increase the inclusion rate of the capital gains tax from 50 per cent to 67 per cent for businesses and trusts, generating an estimated $19 billion in new revenue.

Capital gains are the profits that individuals or businesses make from selling an asset — like a stock or a second home. Individuals are subject to the new changes on any profits over $250,000.

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The government estimates that the changes would impact 40,000 individuals (or 0.13 per cent of Canadians in any given year) and 307,000 companies in Canada.

However, some members of the business community say that expanding the taxable amount will devastate productivity, investment and entrepreneurship in Canada, and might even compel some of the country’s talent and startups to take their business elsewhere.

WATCH | The federal budget hikes capital gains inclusion rate: 

Federal budget adds billions in spending, hikes capital gains tax

3 days ago

Duration 6:14

Finance Minister Chrystia Freeland unveiled the government’s 2024 federal budget, with spending targeted at young voters and a plan to raise capital gains taxes for some of the wealthiest Canadians.

Benjamin Bergen, president of the Council of Canadian Innovators (CCI), said the capital gains tax has overshadowed parts of the federal budget that the business community would otherwise be excited about.

“There were definitely some other stars in the budget that were interesting,” he said. “However, the … capital gains piece really is the sun, and it’s daylight. So this is really the only thing that innovators can see.”

The CCI has written and is circulating an open letter signed by more than 1,000 people in the Canadian business community to Trudeau’s government asking it to scrap the tax change.

Shopify CEO Tobi Lütke and president Harley Finkelstein also weighed in on the proposed hike on X, formerly known as Twitter.

Former finance minister Bill Morneau said his successor’s budget disincentivizes businesses from investing in the country’s innovation sector: “It’s probably very troubling for many investors.”

Canada’s productivity — a measure that compares economic output to hours worked — has been relatively poor for decades. It underperforms against the OECD average and against several other G7 countries, including the U.S., Germany, U.K. and Japan, on the measure. 

Bank of Canada senior deputy governor Carolyn Rogers sounded the alarm on Canada’s lagging productivity in a speech last month, saying the country’s need to increase the rate had reached emergency levels, following one of the weakest years for the economy in recent memory.

The government said it was proposing the tax change to make life more affordable for younger generations and fund efforts to boost housing supply — and that it would support productivity growth.

A challenge for investors, founders and workers

The change could have a chilling effect for several reasons, with companies already struggling to access funding in a high interest rate environment, said Bergen.

He questioned whether investors will want to fund Canadian companies if the government’s taxation policies make it difficult for those firms to grow — and whether founders might just pack up.

The expanded inclusion rate “is just one of the other potential concerns that firms are going to have as they’re looking to grow their companies.”

A man with short brown hair wearing a light blue suit jacket looks directly at the camera, with a white background behind him.
Benjamin Bergen, president of the Council of Canadian Innovators, said the proposed change could have a chilling effect for several reasons, with companies already struggling to access and raise financing in a high interest rate environment. (Submitted by Benjamin Bergen)

He said the rejigged tax is also an affront to high-skilled workers from low-innovation sectors who might have taken the risk of joining a startup for the opportunity, even taking a lower wage on the chance that a firm’s stock options grow in value.

But Lindsay Tedds, an associate economics professor at the University of Calgary, said the tax change is one of the most misunderstood parts of the federal budget — and that its impact on the country’s talent has been overstated.

“This is not a major innovation-biting tax change treatment,” Tedds said. “In fact, when you talk to real grassroots entrepreneurs that are setting up businesses, tax rates do not come into their decision.”

As for productivity, Tedds said Canadians might see improvements in the long run “to the degree that some of our productivity problems are driven by stresses like housing affordability, access to child care, things like that.”

‘One foot on the gas, one foot on the brake’

Some say the government is sending mixed messages to entrepreneurs by touting tailored tax breaks — like the Canada Entrepreneurs’ Incentive, which reduces the capital gains inclusion rate to 33 per cent on a lifetime maximum of $2 million — while introducing measures they say would dampen investment and innovation.

“They seem to have one foot on the gas, one foot on the brake on the very same file,” said Dan Kelly, president of the Canadian Federation of Independent Business.

WATCH | Could the capital gains tax changes impact small businesses?: 

How could capital gains tax increases impact Canadian small businesses? | Power & Politics

2 days ago

Duration 12:18

Some business groups are worried that new capital gains tax changes could hurt economic growth. But according to Small Business Minister Rechie Valdez, most Canadians won’t be impacted by that change — and it’s a move to create fairness.

A founder may be able to sell their successful company with a lower capital gains treatment than otherwise possible, he said.

“At the same time, though, big chunks of it may be subject to a higher rate of capital gains inclusion.”

Selling a company can fund an individual’s retirement, he said, which is why it’s one of the first things founders consider when they think about capital gains.

LISTEN | What does a hike on the capital gains tax mean?: 

Mainstreet NS7:03Ottawa is proposing a hike to capital gains tax. What does that mean?

Tuesday’s federal budget includes nearly $53 billion in new spending over the next five years with a clear focus on affordability and housing. To help pay for some of that new spending, Ottawa is proposing a hike to the capital gains tax. Moshe Lander, an economics lecturer at Concordia University, joins host Jeff Douglas to explain.

Dennis Darby, president and CEO of Canadian Manufacturers & Exporters, says he was disappointed by the change — and that it sends the wrong message to Canadian industries like his own.

He wants to see the government commit to more tax credit proposals like the Canada Carbon Rebate for Small Businesses, which he said would incentivize business owners to stay and help make Canada competitive with the U.S.

“We’ve had a lot of difficulties attracting investment over the years. I don’t think this will make it any better.”

Tech titan says change will only impact richest of the rich

A man sits on an orange couch in an office.
Ali Asaria, the CEO of Transformation Lab and former CEO of Tulip Retail, told CBC News that the proposed change to the capital gains tax is ‘going to really affect the richest of the rich people.’ (Tulip Retail)

Toronto tech entrepreneur Ali Asaria will be one of those subject to the expanded capital gains inclusion rate — but he says it’s only fair.

“It’s going to really affect the richest of the rich people,” Asaria, CEO of open source platform Transformer Lab and founder of well.ca, told CBC News.

“The capital gains exemption is probably the largest tax break that I’ve ever received in my life,” he said. “So I know a lot about what that benefit can look like, but I’ve also always felt like it was probably one of the most unfair parts of the tax code today.”

While Asaria said Canada needs to continue encouraging talent to take risks and build companies in the country, taxation policies aren’t the most major problem.

“I think that the biggest central issue to the reason why people will leave Canada is bigger issues, like housing,” he said.

“How do we make it easier to live in Canada so that we can all invest in ourselves and invest in our companies? That’s a more important question than, ‘How do we help the top 0.13 per cent of Canadians make more money?'”

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Canada Child Benefit payment on Friday | CTV News – CTV News Toronto

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More money will land in the pockets of Canadian families on Friday for the latest Canada Child Benefit (CCB) installment.

The federal government program helps low and middle-income families struggling with the soaring cost of raising a child.

Canadian citizens, permanent residents, or refugees who are the primary caregivers for children under 18 years old are eligible for the program, introduced in 2016.

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The non-taxable monthly payments are based on a family’s net income and how many children they have. Families that have an adjusted net income under $34,863 will receive the maximum amount per child.

For a child under six years old, an applicant can annually receive up to $7,437 per child, and up to $6,275 per child for kids between the ages of six through 17.

That translates to up to $619.75 per month for the younger cohort and $522.91 per month for the older group.

The benefit is recalculated every July and most recently increased 6.3 per cent in order to adjust to the rate of inflation, and cost of living.

To apply, an applicant can submit through a child’s birth registration, complete an online form or mail in an application to a tax centre.

The next payment date will take place on May 17. 

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Ontario Legislature keffiyeh ban remains in place – CBC.ca

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Keffiyehs remain banned in the Ontario Legislature after a unanimous consent motion that would have allowed the scarf to be worn failed to pass at Queen’s Park Thursday.

That vote, brought forth by NDP Leader Marit Stiles, failed despite Premier Doug Ford and the leaders of the province’s opposition parties all stating they want to see the ban overturned. Complete agreement from all MPPs is required for a motion like this to pass, and there were a smattering of “nos” after it was read into the record.

In an email on Wednesday, Speaker Ted Arnott said the legislature has previously restricted the wearing of clothing that is intended to make an “overt political statement” because it upholds a “standard practice of decorum.”

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“The Speaker cannot be aware of the meaning of every symbol or pattern but when items are drawn to my attention, there is a responsibility to respond. After extensive research, I concluded that the wearing of keffiyehs at the present time in our Assembly is intended to be a political statement. So, as Speaker, I cannot authorize the wearing of keffiyehs based on our longstanding conventions,” Arnott said in an email.

Speaking at Queen’s Park Thursday, Arnott said he would reconsider the ban with unanimous consent from MPPs.

“If the house believes that the wearing of the keffiyeh in this house, at the present time, is not a political statement, I would certainly and unequivocally accept the express will of the house with no ifs, ands or buts,” he said.

Keffiyehs are a commonly worn scarf among Arabs, but hold special significance to Palestinian people. They have been a frequent sight among pro-Palestinian protesters calling for an end to the violence in Gaza as the Israel-Hamas war continues.

Premier calls for reversal

Ford said Thursday he’s hopeful Arnott will reverse the ban, but he didn’t say if he would instruct his caucus to support the NDP’s motion.

In a statement issued Wednesday, Ford said the decision was made by the speaker and nobody else.

“I do not support his decision as it needlessly divides the people of our province. I call on the speaker to reverse his decision immediately,” Ford said.

WATCH | Ford talks Keffiyeh ban: 

Ford says division over keffiyeh ‘not healthy’

19 hours ago

Duration 1:20

Ontario Premier Doug Ford reiterated Thursday that he does not support Speaker Ted Arnott banning keffiyehs in the Ontario Legislature because they are “intended to be a political statement,” as Arnott said in an email Wednesday.

PC Party MPP Robin Martin, who represents Eglinton–Lawrence, voted against the unanimous consent motion Thursday and told reporters she believes the speaker’s initial ruling was the correct one.

“We have to follow the rules of the legislature, otherwise we politicize the entire debate inside the legislature, and that’s not what it’s about. What it’s about is we come there and use our words to persuade, not items of clothing.”

When asked if she had defied a directive from the premier, Martin said, “It has nothing to do with the premier, it’s a decision of the speaker of the legislative assembly.”

Stiles told reporters Thursday she’s happy Ford is on her side on this issue, but added she is disappointed the motion didn’t pass.

“The premier needs to talk to his people and make sure they do the right thing,” she said.

Robin Martin answers questions from reporters.
PC Party MPP Robin Martin voted against a unanimous consent motion Thursday that would have overturned a ban on Keffiyehs at Queen’s Park. (Pelin Sidki/CBC)

Stiles first urged Arnott to reconsider the ban in an April 12 letter. She said concerns over the directive first surfaced after being flagged by members of her staff, however they have gained prominence after Sarah Jama, Independent MPP for Hamilton Centre, posted about the issue on X, formerly Twitter.

Jama was removed from the NDP caucus for her social media comments on the Israel-Hamas war shortly after Oct. 7. 

Jama has said she believes she was kicked out of the party because she called for a ceasefire in Gaza “too early” and because she called Israel an “apartheid state.”

Arnott told reporters Thursday that he began examining a ban on the Keffiyeh after one MPP made a complaint about another MPP, who he believes was Jama, who was wearing one.

Liberals also call for reversal

Ontario Liberal Leader Bonnie Crombie also called for a reversal of the ban on Wednesday night.

“Here in Ontario, we are home to a diverse group of people from so many backgrounds. This is a time when leaders should be looking for ways to bring people together, not to further divide us. I urge Speaker Arnott to immediately reconsider this move to ban the keffiyeh,” Crombie said.

WATCH | An explainer on the cultural significance of keffiyehs:  

Keffiyeh: How it became a symbol of the Palestinian people

4 months ago

Duration 3:08

Keffiyehs are a common garment across the Arab world, but they hold a special meaning in the Palestinian resistance movement.

Stiles said MPPs have worn kilts, kirpans, vyshyvankas and chubas in the legislature, saying such items of clothing not only have national and cultural associations, but have also been considered at times as “political symbols in need of suppression.”

She said Indigenous and non-Indigenous members have also dressed in traditional regalia and these items cannot be separated from their historical and political significance. 

“The wearing of these important cultural and national clothing items in our Assembly is something we should be proud of. It is part of the story of who we are as a province,” she said.

“Palestinians are part of that story, and the keffiyeh is a traditional clothing item that is significant not only to them but to many members of Arab and Muslim communities. That includes members of my staff who have been asked to remove their keffiyehs in order to come to work. This is unacceptable.”

Stiles added that House of Commons and other provincial legislatures allow the wearing of keffiyehs in their chambers and the ban makes Ontario an “outlier.”

Suppression of cultural symbols part of genocide: MPP

Jama said on X that the ban is “unsurprising” but “nonetheless concerning” in a country that has a legacy of colonialism. “Part of committing genocide is the forceful suppression of cultural identity and cultural symbols,” she said in part. 

Sarah Jama
Sarah Jama, Independent MPP for Hamilton Centre, is pictured here outside her office in the Ontario Legislature wearing a keffiyeh. (Sarah Jama/Twitter)

“Seeing those in power in this country at all levels of government, from federal all the way down to school boards, aid Israel’s colonial regime with these tactics in the oppression of Palestinian people proves that reconciliation is nothing but a word when spoken by state powers,” she said.

Amira Elghawaby, Canada’s Special Representative on Combatting Islamophobia, said on X that it is “deeply ironic” on that keffiyehs were banned in the Ontario legislature on the 42nd anniversary of Canada’s Charter of Rights and Freedoms.

“This is wrong and dangerous as we have already seen violence and exclusion impact Canadians, including Muslims of Palestinian descent, who choose to wear this traditional Palestinian clothing,” Elghawaby said.

Protesters who blocked a rail line in Toronto on Tuesday wear keffiyehs. The protest was organized by World Beyond War on April 16, 2024.
Protesters who blocked a rail line in Toronto on Tuesday are shown here wearing keffiyehs. The protest was organized by World Beyond War on April 16, 2024. (Evan Mitsui/CBC)

Arnott said the keffiyeh was not considered a “form of protest” in the legislature prior to statements and debates that happened in the House last fall.

“These items are not absolutes and are not judged in a vacuum,” he said.

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