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Sabrina Meng Wanzhou has been confined to her home in Vancouver during the extradition hearing. Photo: AP

What Canada’s courts must do next in extradition case of Huawei executive Meng Wanzhou

  • Assuming the US files an extradition request by the January 30 deadline, the courts will have to set a date for an extradition hearing
  • Meng will have the right to appeal if the court decides to extradite her to the US to answer fraud charges
Meng Wanzhou

The United States is fast approaching the deadline for formally requesting the extradition of Huawei executive Meng Wanzhou, whose detention has prompted a serious diplomatic dispute between Canada and China.

The chief financial officer of the Chinese telecoms giant was arrested in Vancouver on December 1 at the request of the United States, and American officials have until January 30, or 60 days after her initial detention, to file a formal request.

Meng, who is the daughter of Huawei founder Ren Zhengfei and also goes by the names Sabrina Meng and Cathy Meng, remains restricted largely to her Vancouver home, following her release on bail. She is accused of defrauding banks to circumvent US sanctions on Iran.

Her next court appearance will be on February 6, to set the date for her extradition hearing. If the US fails to meet the extradition filing deadline, Meng will be discharged under the terms of Canada’s Extradition Act.

The timeline can be extended if a judge grants an application from Canada’s attorney general to do so.

But once the US submits its formal extradition request officials from the Canadian Department of Justice will have 30 days to decide whether to go ahead.

The court may then formally schedule and begin the extradition hearing.

If Canada’s superior courts and any appeal courts approve the extradition, then a final decision will be made by the attorney general and minister of justice, David Lametti.

Meng has the right to appeal against extradition and can apply for a judicial review of the minister’s decision.

Under the US-Canadian extradition treaty, Meng’s alleged offences need to be a crime in both countries, or “double criminality”.

The warrant for Meng’s arrest was issued by a New York court on August 22. The US Justice Department had launched a criminal probe into Huawei’s dealings with Iran in April, according to The Wall Street Journal.

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Her case has sparked global attention, in large part due to the high profiles of both Huawei and Meng.

Chinese officials have protested against her arrest at every step, and detained two Canadian citizens, sending bilateral relations into a downward spiral.

Former Canadian diplomat Michael Kovrig and Canadian businessman Michael Spavor were both detained in China on December 10 on vague charges of harming national security.

Both remain in Chinese detention, with limited consular access.

A third Canadian, Robert Schellenberg, was sentenced to death for charges of drug trafficking during a sudden retrial of his case on January 14.

It followed his appeal against his conviction last November and previous sentence of 15 years in prison and a 150,000 yuan (US$22,000) fine.

Sarcasm is China’s latest weapon in battle with Canada over detainees

Canadian officials have made it clear they will follow the rule of law when it comes to Meng’s case, but the lengthy extradition and court process ahead appear set to further strain China-Canada relations.

China’s ambassador to Canada, Lu Shaye, has employed heavy rhetoric on the case, describing Meng’s arrest last week as China being “back-stabbed by their friends”. Many in China saw it as a politically motivated act orchestrated by the US.

Lisa Duan, a visitor from China, holds a sign in support of Huawei outside of the British Columbia Supreme Court bail hearing of Huawei CFO Meng Wanzhou on December 10. Photo: Reuters

Meng’s arrest took place the same day as US President Donald Trump’s meeting with Chinese President Xi Jinping to try to resolve the trade war, although the White House said Trump did not know about the extradition request at the time.

Trump suggested in an interview with Reuters later that he would “certainly intervene” if necessary for a trade deal with China.

The “arbitrary” detentions of its citizens in China has damaged Beijing’s reputation in Canada, according to Canadian ambassador to China John McCallum.

He said last week that the “last arrow in our quiver” would be escalating the dispute to the head-of-government level, with a phone call from Prime Minister Justin Trudeau to Xi.

The US maintains extradition treaties with more than 100 countries, including its long-standing agreement with Canada, in effect since 1974.

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