Canadian Judge Rules Against Huawei CFO Meng Wanzhou, Opens Extradition to U.S.

A B.C. Supreme Court judge has ruled against Huawei CFO Meng Wanzhou, dealing a blow to the Chinese citizen to walk free, while opening up her extradition to the United States.

BC Supreme Court Judge rules AGAINST #MengWanzhou, noting her and #Huawei's alleged 2013 fraud of #HSBC's US subsidiary would constitute fraud in Canada. Alleged evasion of American sanctions are not central to offence, but underpin alleged harm to the bank.

— Mike Hager (@MikePHager) May 27, 2020

According to Chief Justice Heather Holmes, she concluded, “On the question of law posed, I conclude that, as a matter of law, the double criminality requirement for extradition is capable of being met in this case. The effects of the US sanctions may properly play a role in the double criminality analysis as part of the background or context against which the alleged conduct is examined.”

“Ms. Meng’s application is therefore dismissed,” noted the judge’s ruling, adding ” I make no determination of the larger question under s. 29(1)(a) of the Act of whether there is evidence admissible under the Act that the alleged conduct would justify Ms. Meng’s committal for trial in Canada on the offence of fraud under s. 380(1)(a) of the Criminal Code. This question will be determined at a later stage in the proceedings.”

Wanzhou is being charged by the United States for fraud, in her alleged involvement of breaking economic sanctions against Iran. As the daughter of Huawei’s founder, she has remained in custody in Vancouver since December 1, 2018.

Just days after the Huawei CFO was arrested in Vancouver, two Canadian men, Michael Kovrig and Michael Spavor, were detained while working and living in China, and remain in custody, accused of spying.

Canada has not decided whether or not to ban Huawei from 5G networks yet, despite allies repeatedly warning the Chinese company’s equipment could compromise national security.

In a nutshell, Wanzhou loses her bid for freedom and it means her extradition proceedings should proceed. Looks like her photo op with friends and family on the weekend outside the B.C. Supreme Court building in Vancouver may have been premature.