Canadian Court Didn't Dismiss US Extradiction bid Against Huawei CFO

Meng Wanzhou, CFO of Chinese Huawei, lost a bid to have US extradition proceedings dismissed. Canadian judge ruled that the charges satisfied a key criteria for the case to continue.

Her lawyers argued the case should be dropped on the grounds the charges did not meet a standard known as double criminality, which specifies a person may only be extradited if their alleged activity also violated Canadian law. Canadian prosecutors contended Meng’s alleged actions would be considered fraud regardless of the sanctions.

British Columbia Supreme Court judge concluded that US sanctions are part of the state of affairs necessary to explain how Meng’s actions may have put a bank at risk but they are not themselves an intrinsic part of her alleged fraudulent conduct. The judge added Meng’s defence argument would give fraud an artificially narrow scope and seriously limit Canada’s ability to fulfil its international obligations in the extradition context for fraud and other economic crimes.

The ruling means Meng will be forced to remain in Canada, where she has been since her arrest in December 2018, as the case against her proceeds. A hearing scheduled for June will focus on whether her constitutional rights were violated when she was detained and searched under the pretence of a routine immigration check. Additional hearings will determine if there is enough evidence against Meng to merit extradition and whether her transfer would be unjust or oppressive under Canada’s legal framework.