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Zen Soo

A decision on whether to begin extradition proceedings for Meng Wanzhou, the chief financial officer of Chinese tech giant Huawei who was arrested in Canada at the behest of the United States, is expected to be announced at a court hearing on March 6. Her fate could rest on the decision of one man - David Lametti.
Lametti, appointed Canada’s Minister of Justice and Attorney General last month, will have to decide whether to set Meng free or allow the courts to proceed with her extradition hearing at the request of the US, where she faces 13 charges ranging from fraud to violating US trade sanctions.
This responsibility places him in the hot seat, amid heightened political tensions between China and Canada following Meng’s arrest.
The US is also putting pressure on its allies to block Huawei from supplying 5G telecommunications equipment, over national security concerns.


According to section 14 of Canada’s Extradition Act, Lametti has 30 days from when the US formally filed its extradition request to make a decision.
The Canadian Department of Justice confirmed on January 29 that officials had received a formal extradition request from the US. Assuming the request was filed on that date, it means Lametti has to decide whether to authorise the proceedings by March 1, according to The Globe and Mail. The decision is widely expected to be announced at the March 6 hearing.
Whether Meng’s extradition proceedings will begin or not is solely at Lametti’s discretion, Gary Botting, a Vancouver-based attorney specialising in extradition law who is advising Huawei’s legal team, said in an interview with the South China Morning Post last week. Meng must be discharged if Lametti has not issued an authority to proceed (ATP) within the 30 day period, which would then kick-start the extradition proceedings.
How a HSBC investigation led to charges against Huawei CFO
“It’s important to realise that the extradition process has not started yet. The only reason that Ms. Meng went to court was to get bail, not because of the extradition,” said Botting.
“It’s entirely in [Lametti’s] discretion whether or not to issue the authority to proceed,” he said. “If he issues an ATP, then we’re in for the long haul [of the extradition process].”
Lametti’s office did not immediately respond to an email sent outside of regular business hours seeking comment on Botting’s interpretation.
However, Lametti can also apply to a judge for an extension on the deadline for issuing the ATP, according to the extradition act. Such an application typically has to be made formally before a court, ahead of the expiry of the initial 30-day period, according to Botting.
This means that there are three outcomes for Meng during her hearing on March 6, Botting said.

First, if Lametti fails to issue an ATP within 30 days and does not apply for an extension, Meng is free to go.
A second outcome is that an extension is applied for, which means it would still remain to be seen if Canada will begin the extradition process for Meng.
The third outcome is that Lametti issues the ATP and US extradition proceedings proceed, with hearings formally held to hear arguments for and against extradition.
Canada’s Extradition Act also states that extradition proceedings should not be used for political purposes, and that this would be a factor to take into consideration when making the decision to proceed with extradition.
‘They are retaliating’: Canada canola hits Chinese delays after Meng arrest
In an interview with Canadian newspaper The Toronto Star earlier this month, Lametti acknowledged that the extradition decision for Meng would be a political one, and that he had no idea why he was selected to take on his current role.
Lametti told the Star that he would only step in to make a decision after a judge had issued a committal order to extradite Meng.
Lametti, who succeeded Jody Wilson-Raybould as Canada’s Minister of Justice, was only appointed to the position on January 14 as part of a cabinet reshuffle by Canadian prime minister Justin Trudeau. Lametti is a former law professor at McGill University where he specialised in property and intellectual property law.
Prior to his latest appointment, he was the parliamentary secretary to Canada’s Innovation Minister.


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Huawei Technologies

The Canadian minister who could decide whether Huawei’s Meng Wanzhou goes free

Huawei chief financial officer Meng Wanzhou leaves her home to attend a court appearance regarding her bail conditions, in Vancouver, British Columbia, Canada on Tuesday, Jan. 29, 2019. A Vancouver court heard that the United States has issued a formal extradition request for Meng, who was arrested Dec. 1, 2018 at Vancouver's airport at the request of U-S authorities. (Darryl Dyck/The Canadian Press via AP)

Canada’s Justice Minister David Lametti prepares to testify before the House of Commons justice committee in Ottawa on February 21. Photo: Reuters

‘No way the US can crush us’: Huawei founder Ren Zhengfei attacks arrest of daughter Meng Wanzhou as politically motivated

Ren Zhengfei, founder and CEO of Huawei, listens to reporters in Shenzhen on January 15. That day, he said he trusted the US justice system to be fair towards his daughter Meng Wanzhou. He now says the case against her is “politically motivated”. Photo: AP

Huawei Technologies Co. founder and CEO Ren Zhengfei speaks at a press conference in Shenzhen, China, on Jan. 18, 2019. (Kyodo) ==Kyodo

Huawei chief financial officer Meng Wanzhou, back right, who is out on bail and remains under partial house arrest after she was detained Dec. 1 at the behest of American authorities, leaves through an underground parking lot after a court appearance regarding her bail conditions in Vancouver, British Columbia, Tuesday Jan. 29, 2019. (Darryl Dyck/The Canadian Press via AP)

Remember that ‘Chinese boycott’ of Canada Goose down jackets because of Meng Wanzhou? Revenue numbers show it didn’t happen, with sales rising, and forecasts up

A woman wears a Canada Goose jacket while taking a selfie in Beijing on Tuesday, as Beijing has its first major snowfall of the season. Photo: SCMP/ Simon Song

People queue outside the newly opened flagship store of Canadian luxury parka maker Canada Goose, in Sanlitun district of Beijing, China December 30, 2018. REUTERS/Stringer ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY. CHINA OUT.

IMAGE DISTRIBUTED FOR CANADA GOOSE - Canada Goose President and CEO Dani Reiss (3rd left) stands with Inuit seamstresses (from left) Mishael Gordon, Marlene Watson, Winifred Nungak, Martha Munick and Jennifer Munik Nunavik during the Canada Goose Project Atigi launch event celebrating the global release of a one-of-a-kind parka collection had-made by 14 inuit women seamstresses Thursday, Jan. 31, 2019 in New York. The collection was developed to create social entrepreneurship opportunities for Inuit sewers in the Canadian north. The project leverages Candada Goose's global platform to showcase their craftsmanship and unique designs. (Jason DeCrow/AP Images for Canada Goose )

People walk past an advertisement near the newly opened flagship store of Canadian luxury parka maker Canada Goose, in Sanlitun area of Beijing, China December 31, 2018. REUTERS/Martin Pollard

Parkas hang on display at a new Canada Goose store in Montreal, Canada, in November 2018. MUST CREDIT: Bloomberg photo by Christinne Muschi.

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Meng faces 13 charges ranging from fraud to violating US trade sanctions



Canada’s new minister of justice is in the hot seat as he alone must decide whether to agree to US extradition request for the Huawei CFO.
