Legal experts weigh in on Meng Wanzhou decision in B.C. Supreme Court
“If you turn a blind eye in the favour of political outcomes, you’re sacrificing the rule of law and then you do become subject to China’s allegation or criticism that this is all political,” said Robert Adamson, who teaches business law at the Beedie School of Business at Simon Fraser University.
Her lawyers argued that Meng’s conduct could not constitute fraud in Canada because it related to American sanctions that Canada doesn’t apply, while the Attorney General of Canada told the court the fraud allegations could be argued without reference to the U.S. sanctions. “For this reason, I cannot agree with Ms. Meng that to refer to U.S. sanctions in order to understand the risk to HSBC is to allow the essence of the conduct to be defined by foreign law. Canada’s laws determine whether the alleged conduct, in its essence, amounts to fraud.”
Vancouver extradition lawyer Gary Botting took a different view, saying Justice Holmes’s ruling creates a “hybrid” way of looking at double criminality by importing some, but not all of the context of the U.S. sanctions. Her lawyers have alleged the Canada Border Services Agency, the RCMP and the Federal Bureau of Investigation conducted a “covert criminal investigation” at the airport and violated Meng’s charter rights.
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