Huawei CFO's extradition hearing: B.C. judge finds double criminality in Meng Wanzhou case
VANCOUVER -- A B.C. Supreme Court judge has ruled that a critical test in the extradition case of Huawei executive Meng Wanzhou has been met, and the extradition process will continue., released Wednesday morning, Associate Chief Justice Heather Holmes indicated that taken as a whole, the Huawei chief financial officer's alleged crimes would appear to constitute a crime in Canada, a principle known as "double criminality."Meng is charged with bank and wire fraud in the U.S.
She added that U.S. trade sanctions on Iran can be considered as context or background to understand Meng's alleged fraud. She also reasoned that in a hypothetical scenario where the crime took place in Canada against a U.S. bank, nothing in Canadian law would prevent referencing U.S. law to establish the fraud.Immigration lawyer Richard Kurland said the judge had basically decided that "fraud is broad."
The Huawei executive's legal team plans to proceed with an argument that her Charter rights were violated when she was arrested at YVR back in December 2018. A judge would be asked to rule on the abuse of process application, and if Meng lost, her team would likely appeal. Legal experts suggest her case could reach the Supreme Court of Canada, taking years to work its way through the justice system.
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