A Canadian judge has refused Huawei executive Meng Wanzhou's request to access a number of confidential documents, dealing a fresh blow in her fight against extradition to the United States.
Meng, the Chinese telecom giant's chief financial officer, was arrested on a US warrant in December 2018 during a stopover in Vancouver.
She is charged with bank fraud related to violations of US sanctions against Iran, and has been fighting extradition ever since.
Late Thursday, the Canadian justice department announced that British Columbia Supreme Court Justice Heather Holmes had "upheld a majority of Canada's privilege claims" related to the documents request.
The court released the judgment on Friday.
Meng's lawyers had sought access to hundreds of documents concerning mostly communications between Canadian and US agencies prior to and after Meng's arrest, arguing that they could contain proof of an alleged conspiracy to collect evidence and interrogate her, in violation of her rights.
Specifically, they pointed to her detention and questioning without a lawyer over the three hours after she disembarked a flight from Hong Kong, but before she was charged, as well as the seizure of her electronic devices.
If proven, the allegations could result in a stay of the extradition proceedings.
Canadian government lawyers had released a slew of documents in recent months, but many were heavily redacted. They denied any plot and claimed solicitor-client and litigation privilege in refusing to hand over more files.
After some back and forth, the number of documents sought was whittled down to 19, consisting of mostly emails among or between justice department lawyers and the Canada Border Services Agency.
Holmes ruled that only one of them could be released to the defense.
The case has added to severe strain in China-US ties and created an unprecedented rift between Canada and China.
Nine days after Meng's arrest, China detained former Canadian diplomat Michael Kovrig and businessman Michael Spavor in what is widely viewed as retaliation over Meng.
Espionage charges were filed against the pair in June, soon after Meng's first legal setback, when her bid to have the case thrown out — arguing that the US accusations were not crimes in Canada — was defeated.
Meng remains under house arrest in Vancouver while the extradition case, which is due to wrap up in April 2021, is heard.
She is expected to appear in court for the next stage of proceedings on October 26.
Canada gets consular access to two citizens held in China
Montreal (AFP) Oct 10, 2020 –
Canada has had its first contact since January with two of its citizens imprisoned in what Ottawa says is "arbitrary detention" in China, the Canadian Foreign Affairs Ministry announced Saturday.
Canada's ambassador to China Dominic Barton obtained "virtual consular access" to Michael Spavor on Friday and Michael Kovrig on Saturday, the department said in a statement.
Former diplomat Kovrig and consultant Spavor have been imprisoned in China since December 10, 2018. They were charged with espionage last June.
Their detention is seen by Western governments as retaliation for the arrest in Canada of Meng Wanzhou, chief financial officer of Chinese telecoms giant Huawei and daughter of its founder.
Meng was arrested on a US warrant in December 2018 during a stopover in Vancouver.
She is charged with bank fraud related to violations of US sanctions against Iran, and has been fighting extradition ever since.
While lacking direct access to the two detainees, the Canadian ministry says it has continued to provide consular services to Spavor, Kovrig and their families, adding that it cannot provide further information due to privacy concerns.
The department says the last consular access to the two was on January 13, 2020 for Spavor and January 14 for Kovrig.
Prime Minister Justin Trudeau said he spoke with Donald Trump on Saturday and thanked the US president for Washington's continued support of efforts to free the two Canadians.
The purpose of consular visits is generally to assess the condition of a detainee, clarify the nature of his detention, provide advice, seek access to medical care if necessary, and serve as a channel of communication between the detainee and his relatives.