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By Tessa Vikander
VANCOUVER, Jan 22 (Reuters) - Canadian prosecutors are
expected to defend on Wednesday their case to extradite Huawei
Chief Financial Officer Meng Wanzhou to the United States saying
Meng was arrested on charges of bank fraud, which is a crime in
both countries, and not because of U.S. sanctions against Iran
as argued by the defense.
Meng's legal team continued its defence during the first
phase of the extradition hearing on Tuesday, with lawyers
arguing for a second straight day that "double criminality" is
at the heart of the U.S. extradition request.
When ending its arguments on Tuesday, the defence told the
judge that the case is "unique" because "the risk of economic
deprivation arises solely from the operation of a foreign
criminal law for which no corresponding Canadian…law exists."
As Meng's formal extradition hearing started this week,
China repeated its call for Canada to release her.
The United States has charged Meng with bank fraud, and
accused her of misleading HSBC Holdings Plc about
Huawei Technologies Co Ltd's business in Iran.
"The essence of the Applicant's conduct is fraud on a bank:
the Applicant is alleged to have made several misrepresentations
to a bank to secure financial services," submissions made by the
Canadian government earlier this month showed.
Court proceedings show the United States issued the arrest
warrant, which Canada acted on in December 2018, because it
believes Meng covered up attempts by Huawei-linked companies to
sell equipment to Iran, breaking U.S. sanctions against the
country.
Meng, the daughter of Huawei's billionaire founder Ren
Zhengfei, remains free on bail in Canada, and has been living in
a mansion in Vancouver's exclusive Shaughnessy neighbourhood.
She has said she is innocent and is fighting extradition in
part because her alleged conduct was not illegal in Canada, an
argument known legally as "double criminality."
Unlike the United States, Canada did not have sanctions
against Iran at the time Canadian officials authorized
commencing with the extradition, her lawyers have said.
"The fact that Canada may have a different sanctions against
Iran than the U.S. should not distract the court from the
necessary inquiry into the essence of the conduct for double
criminality purposes. Deceit and risk of loss are at the heart
of the conduct," the submissions added.
On Monday, defense lawyer Richard Peck told the court that
in a typical case, double criminality is not contentious. "This
case however is founded on an allegation of breach of U.S.
sanctions, sanctions which Canada has expressly repudiated," he
said. "Sanctions drive this case," Peck said.
A spokesman for Canadian department of justice said, "Our
position will be further explained in court this week, where an
independent judge will hear arguments."
Meng's legal team is currently only scheduled to call
evidence in the last week of April, and a second phase of the
trial, focusing on abuse of process and whether Canadian
officials followed the law while arresting Meng, is set to
begin in June. Closing arguments are expected in the last week
of September and first week of October.
The case has had a chilling effect on relations between
Ottawa and Beijing. China has called Meng's arrest politically
motivated.
Legal experts have said it could be years before a final
decision is reached in the case, since Canada's justice system
allows many decisions to be appealed.
(Additional reporting by David Ljunggren in Ottawa
Writing by Denny Thomas
Editing by Lisa Shumaker)
