The much-watched diplomatic battle over Meng Wanzhou, CFO of Chinese telecommunications giant Huawei, is in the spotlight again this month as her extradition hearings begin in British Columbia. In December 2018, Ms. Meng was arrested by Canadian authorities in Vancouver at the request of the United States in connection with fraud and Iranian sanctions-related charges against her and Huawei in the Eastern District of New York. Ms. Meng denies the allegations and has been fighting extradition on various grounds, including—as extensively reported by the media—the contention that the United States is improperly using her prosecution for economic and political advantage.
Obtaining a stay of extradition from Canada to the United States is no easy feat, as the vast majority of such extradition requests are granted. See, e.g., Department of Justice of Canada, Extradition Fact Sheet. On Dec. 9, 2019, however, the Supreme Court of British Columbia granted Ms. Meng’s request for a potentially helpful resource: document disclosures related to another of her extradition defenses, alleged abuse of Canadian judicial process at the time of her arrest. United States v. Meng, 2019 BCSC 2137. The decision provides insight into the standards for obtaining discovery in Canadian extradition proceedings—a more formal test with potentially wider scope than the discovery typically available in extradition hearings in the United States.
British Columbia Extradition Court Decision
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