Phone: 604 682-4200

E-mail: dm@martinandassociates.ca,

About the Board of Directors

The Board of Directors (BOD) is the highest body responsible for corporate strategy, operations management, and customer satisfaction. The BOD’s mission is to lead the company forward. It exercises decision-making authority for corporate strategy and operations management, and ensures the protection of customer and shareholder interests.
The main responsibilities of the BOD are to:

• Develop proposals for corporate governance.
• Review proposals to increase or decrease the company’s registered capital, as well as proposals related to profit distribution and loss recovery.
• Review the company’s stock options plan and other long-term incentive plans.
• Review or approve plans for entering and exiting different industry sectors, and approve the company’s strategic plan.
• Approve major organizational restructuring, management system development, and business transformation.
• Approve major financial policies, financial plans, and business transactions.
• Approve the company’s annual budget proposal, annual operations report, and annual audit report.
• Approve the appointment/removal, compensation, and long-term incentives of senior management.
• Approve major HR policies and plans at the corporate level.
• Approve proposals for managing major risks and crises, and manage major emergencies.
• Approve the development of internal controls and operational compliance systems. 

Currently, the BOD is comprised of 17 members, who were elected by the Commission and voted in by the Shareholders’ Meeting. In March 2018, the Commission and Shareholders’ Meeting elected a new Board of Directors that includes the Chairman, regular members, and alternate members. The BOD elected deputy chairs of the board and the members of its Executive Committee. In the event that there is a vacancy in the BOD, alternate members will take up the vacancy in a predetermined sequence.

Current board members include:

• Chairman: Mr. Liang Hua
• Deputy Chairs: Mr. Guo Ping, Mr. Xu Zhijun, Mr. Hu Houkun, and Ms. Meng Wanzhou
• Executive Directors: Mr. Ding Yun, Mr. Yu Chengdong, and Mr. Wang Tao
• Directors: Mr. Xu Wenwei, Ms. Chen Lifang, Mr. Peng Zhongyang, Ms. He Tingbo, Mr. Li Yingtao, Mr. Ren Zhengfei, Mr. Yao Fuhai, Mr. Tao Jingwen, and Mr. Yan Lida

Alternate Directors include: Mr. Li Jianguo, Mr. Peng Bo, and Mr. Zhao Ming

Operations of the Board of Directors

In 2018, the BOD held ten meetings. At the meetings, the BOD reviewed and approved matters such as the company’s medium-to-long-term development plan, annual budget, annual audit report, corporate governance rules and regulations, annual profit distribution, capital increases, compliance oversight system, and cyber security.
The BOD has established the Executive Committee, which acts as the standing executive body of the BOD. Entrusted by the BOD, the Executive Committee examines and reflects on major issues within the company, decides on issues authorized by the BOD, and oversees their execution.   In 2018, the Executive Committee held 12 meetings.
Members of the BOD Executive Committee include Mr. Guo Ping, Mr. Xu Zhijun, Mr. Hu Houkun, Ms. Meng Wanzhou, Mr. Ding Yun, Mr. Yu Chengdong, and Mr. Wang   Tao.
The BOD and its Executive Committee are led by rotating chairs. During their terms, the rotating chairs will serve as the foremost leader of the company. Rotating chairs’ terms last six months at a time. The rotation schedule is as  follows:
Mr. Xu Zhijun:
April 1, 2018 to September 30,  2018
October 1, 2019 to March 31,  2020
April 1, 2021 to September 30,  2021
October 1, 2022 to March 31,  2023
Mr. Guo Ping:
October 1, 2018 to March 31,  2019
April 1, 2020 to September 30,  2020
October 1, 2021 to March 31,  2022
Mr. Hu Houkun: 
April 1, 2019 to September 30,   2019
October 1, 2020 to March 31,  2021
April 1, 2022 to September 30,  2022

By staying customer-centric and inspiring dedication, we have sustained long-term growth through continuous improvement of our corporate governance structure, organizations, processes, and appraisal systems.
The Shareholders’ Meeting is the company’s authoritative body, making decisions on making decisions on major issues such as the company's capital increase, profit distribution, and selection of the members of the Board of Directors/Supervisory Board.
The Board of Directors (BOD) is the highest body responsible for corporate strategy, operations management, and customer satisfaction. The BOD’s mission is to lead the company forward. It exercises decision-making authority for corporate strategy and operations management, and ensures the protection of customer and shareholder interests.
The BOD and its Executive Committee will be led by rotating chairmen. During their terms, the rotating chairmen will serve as the foremost leader of the company.
The key responsibilities of the Supervisory Board include overseeing the responsibility fulfillment of BOD members and senior management, monitoring the company’s operational and financial status, and supervising internal control and legal compliance.
KPMG has been Huawei's independent auditor since 2000. The independent auditor is responsible for auditing a company's annual financial statements. In accordance with applicable accounting standards and audit procedures, the independent auditor expresses an opinion as to whether the financial statements are true and fair.

To strengthen end-to-end operations management of our ICT infrastructure business, the company set up the ICT Infrastructure Managing Board, which is the primary owner of our business strategy, operations management, and customer satisfaction for ICT infrastructure business.

• The Carrier BG and the Enterprise BG manage and support solution marketing, sales, and services that target carrier customers and enterprise/industry customers respectively. The two BGs provide innovative, differentiated, and advanced solutions based on the business characteristics and operational patterns of different customers while continuously improving the company’s industry competitiveness and customer satisfaction.
• Network Products & Solutions and Cloud & AI Products & Services are organizations that provide integrated ICT solutions to carriers and enterprise/ industry customers. They are responsible for product planning, development, and delivery as well as for building product competitiveness to deliver better user experience and support business success. The goal of Network Products & Solutions is to build the world’s best, most intelligent, and most cost-effective connections. The goal of Cloud & AI Products & Services is to create Huawei’s “fertile soil” for computing and cloud services to help build a fully connected, intelligent world.
• ICT regional organizations are the company’s regional ICT business operations centers. They are responsible for developing and effectively leveraging regional resources and capabilities, and also for implementing the company’s ICT business strategy in their regions. The company has continuously optimized regional organizations and accelerated the delegation of more authority to field offices. Command and on-site decision making authority has gradually been delegated to representative offices. To further improve efficiency and responsiveness to customer needs, the company is now piloting contract approval at the representative office level in some countries. While establishing closer partnerships with customers and helping them achieve business success, ICT regional organizations will develop ICT management systems, cyber security and privacy protection management systems, internal control systems, and compliance systems in their regions, and will continue to support the company in achieving profitable and sustainable growth.

To strengthen strategy and risk management and increase decision-making efficiency for the consumer business, the company set up the Consumer Business Managing Board, which is the primary owner of the business strategy, operations management, and customer satisfaction for the consumer business.

• The Consumer BG focuses on serving device consumers and deals with all aspects of the consumer domain. This BG is responsible for business performance, risk controls, market competitiveness, and customer satisfaction in the consumer business.
• The Consumer BG’s regional organizations are responsible for their overall business results, consumer satisfaction, and the brand image enhancement of regional consumer business. They need to gain insight into environmental changes and competition dynamics for the consumer electronics industry, and develop and implement regional consumer business plans and resource investment strategies. These organizations are also responsible for launching products, managing product lifecycles, planning and implementing marketing events, and developing and managing channels, retail outlets, and services in their regions. They also need to develop and maintain partnerships, create a favorable business environment, and ensure operational compliance and sustainable development of regional consumer business.

To gradually build a shared service platform to support the development of our multiple businesses and create an anchor for corporate policy execution, the company set up the Platform Coordination Committee. This committee is designed to push group functions to optimize their execution and operations, simplify cross-function operations, and strengthen collaboration, so that group functions will become the best service organizations available to support and promote business operations. Group functions provide business support, services, and oversight. They are positioned to offer accurate, timely, and effective services to field offices and strengthen oversight while delegating sufficient authority to them.

 https://www.newswire.ca/news-releases/huawei-doubles-down-on-canadian-investment-partnership-with-three-major-commitments-882118082.html

Huawei Doubles-Down on Canadian Investment + Partnership With Three Major Commitments

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May 07, 2019, 10:35 ET

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Release of Huawei 5G Smartphone, ICT training for Canadians, and support of Ottawa floods all in spotlight at event in Markham

TORONTO, May 7, 2019 /CNW/ - Huawei Canada announced three new commitments to bring the next generation 5G mobile network to Canada and support our economy and communities in which we work. The announcements included: 

• By 2020, Huawei Canada will provide Information and Communications Technology (ICT) training to over 1,000 Canadians. This new commitment will be under the Huawei Authorized Learning Partner (HALP) program and other similar initiatives implemented across Canada.
• By late 2019, Huawei Canada will release its first 5G-ready smartphone for the Canadian market.
• Beginning immediately, a donation of $100,000 will be put towards Ottawa flood relief in partnership with United Way Ottawa. Huawei employees in Ottawa also have the option of taking paid days off in order to volunteer for flood relief and cleanup efforts. Huawei Canada employs hundreds of people in Ottawa.

Eric Li, President of Huawei Canada addressed media and partners in attendance at a product event (Digital Transformation Forum) held at Huawei Canada's headquarters in Markham, Ontario.
He said: "We are incredibly proud and humbled by the work we have accomplished in Canada over the last 10 years.  With a team of over 1,100 employees from coast to coast – 600 of whom are engineers – we have the best and the brightest Canadian minds and we will continue to invest in training for the Canadian marketplace. Canada is the home of Huawei 5G and we are working to ensure we remain at the forefront of 5G technology and development."
Speaking at the event about the upcoming smartphone launch, Kevin Li, President of Consumer Business Group, Huawei Canada said: "In Q4 2019, Huawei will release a new smartphone to the Canadian market. This smartphone will be 4G and 5G ready, making it the first 5G-ready phone released by Huawei in Canada. You can expect more such announcements from us in the coming months as we move into the 5G era."
5G technology applications were featured at the demo-day, including:

1. 5G equipment– provides higher bandwidth for faster and better service to Canadians
2. Connected Drones– essential in situations that require urgent and real-time analysis like search + rescue in disaster response or monitoring in hard-to-reach areas
3. Internet of Things (IoT) Applications – Smart Agriculture– monitoring and tracking to help protect crops and optimize yields
4. Internet of Things (IoT) Applications – Connected Vineyard– detection of environmental changes to protect crops and stop damage
5. Internet of Things (IoT) Applications – Smart Tracker– multiple devices to track and monitor health signs like temperature and heartbeat
6. Cloud Mixed and Virtual Reality– like being at a concert or trekking a mountain, this latest VR connects to the cloud and is entirely wireless
7. Huawei 5G-ready smartphone – interoperable between 4G and 5G networks, ready for when 5G comes to Canada
8. WiFi 6 – the next generation of the Wi-Fi standard, introducing key 5G technologies. Comparatively, Wi-Fi 6 increases network bandwidth and the number of concurrent users by four-fold over Wi-Fi 5, reducing the average network latency from 30 milliseconds to 20 milliseconds.

"Cyber security is very important to Huawei," said Olivera Zatezalo, Chief Security Officer, Huawei Canada. "Every year, Huawei spends 5% of its R&D budget on cyber security. This is a crucial company strategy and demonstrates Huawei's commitment to expanding and refining a robust compliance system to ensure we abide by all applicable laws and regulations in Canada. Huawei has a clean 30-year record in cyber security globally, and we have built – and will continue to invest in – end-to-end global cyber security assurance systems. We have been in Canada since 2008, and have been working with Canadian government and carriers to introduce a comprehensive security review program."
"We are entering an intelligent, connected era," said Huawei Canada CTO Robert Backhouse. "As an industry, we're at the threshold of enormous opportunity. Not only will Canadians benefit from faster and more reliable connections, it will also provide the bandwidth needed to create what's being called the Internet of Things. 5G will enable the smart future; from smart cities, autonomous vehicles, to improved rural broadband and immersive cloud connected experiences."   
Ottawa floods relief and cleanup efforts"As hundreds of people affected by spring floods in Eastern Ontario look ahead to the long-term recovery that is necessary to bring their communities back to normal, we are grateful to Huawei Canada for being the first company to reach out to United Way and offer support to Ottawa and other affected communities," says Mark Taylor, VP of Resource Development at United Way Ottawa. "This gift, and Huawei's commitment to collaborating with us over the long term, will help residents navigate the difficulties of recovering from a natural disaster of this magnitude, so they feel supported every step of the way."
For the latest information about Huawei in Canada, please visit: www.huawei.ca
About Huawei Huawei is a leading global provider of information and communications technology (ICT) infrastructure and smart devices. With integrated solutions across four key domains – telecom networks, IT, smart devices, and cloud services – we are committed to bringing digital to every person, home and organization for a fully connected, intelligent world.
Huawei's end-to-end portfolio of products, solutions and services are both competitive and secure. Through open collaboration with ecosystem partners, we create lasting value for our customers, working to empower people, enrich home life, and inspire innovation in organizations of all shapes and sizes.
At Huawei, innovation focuses on customer needs. We invest heavily in basic research, concentrating on technological breakthroughs that drive the world forward. We have more than 188,000 employees, and we operate in more than 170 countries and regions. Founded in 1987, Huawei is a private company fully owned by its employees.
Huawei Canada has been in Canada since 2008 and employs over 1,100 people. Huawei Canada ranks 22nd overall amongst all corporate R&D investors in 2017.
For more information, please visit Huawei online at www.huawei.com or follow us on:
http://www.linkedin.com/company/Huawei 
http://www.twitter.com/Huawei
http://www.facebook.com/Huawei
http://www.google.com/+Huawei
http://www.youtube.com/Huawei
SOURCE Huawei Canada
For further information: Media Contact: Alex Benac, Alex.Benac@hkstrategies.ca, 416-413-4583




https://www.cbc.ca/news/canada/british-columbia/meng-extradition-case-day-2-1.5434341

Judge questions defence logic as Meng Wanzhou extradition hearing continues

Crown is expected to begin arguing in favour of Meng's extradition on Wednesday

Jason Proctor· CBC News· Posted: Jan 21, 2020 6:36 AM PT


Meng Wanzhou leaves her home in Vancouver on Monday. A court hearing continued Tuesday in Vancouver over the U.S. request to extradite her on fraud charges. (Jonathan Hayward/The Canadian Press)


Questions about loss, risk, fraud and the implications of sanctions violations filled a B.C. courtroom Tuesday as lawyers for Meng Wanzhou wrapped up their attempts to convince a judge not to extradite the Huawei executive to the United States.

Associate Chief Justice Heather Holmes quizzed defence lawyer Eric Gottardi about the logic behind his argument that Meng's alleged offence wouldn't be considered a crime in Canada.

Holmes is tasked with deciding whether charges against the 47-year-old chief financial officer meet the bar of so-called double criminality necessary to extradite someone from one country to another.

Meng is charged with fraud in relation to an allegation she put foreign banks at risk of loss and prosecution by lying about Huawei's ownership of a hidden subsidiary accused of violating U.S. economic sanctions against Iran.

'It's sanction breaking'

Move that same set of circumstances to Canada, Gottardi told Holmes, and there would be no crime because Canadians have rejected economic sanctions.

But Holmes didn't seem so sure, asking Gottardi whether someone could in fact be prosecuted domestically for lying in Canada, over the phone, to someone in another country who then lost money as a result.



Wanzhou's lawyer Eric Gottardi arrives at B.C. Supreme Court in Vancouver where he faced questions about the Huawei executive's case against extradition. (Ben Nelms/CBC)


The defence lawyer struggled for an answer, noting that the imagined scenarios were adding fiction to an exercise that already requires a judge to ponder a hypothetical scenario by transposing the facts of a case to Canada.

• PODCAST
  NEW EPISODES of Sanctioned: The Arrest of a Telecom Giant

"It's difficult to respond to your question," he said at one point before ultimately returning to the fundamental argument underlying the case at hand.

"It's sanction breaking. It's in inducing a U.S. bank to breach domestic laws. That's what the Americans are upset about. That's what underlies these offences."

The 'essence' of the allegations

Meng was arrested at Vancouver International Airport on Dec. 1, 2018 on a stopover from Hong Kong to a conference in Argentina. She faces charges of bank fraud in the United States.

She has been living under house arrest in a multimillion-dollar Vancouver home since last December, when she was released on $10 million bail pending the outcome of the extradition battle.
 

Wanzhou displays her GPS ankle monitoring bracelet as she arrives at B.C. Supreme Court in Vancouver. (Ben Nelms/CBC)

Meng's case has already fractured Canada-China relations, after Beijing detained two Canadians and restricted imports in moves widely seen as retaliation for Meng's arrest.

The Crown is expected to begin its arguments on Wednesday, asking Holmes to consider the "essence" of the allegations against Meng as the judge ponders the question of double criminality.

In written arguments filed in advance of the hearing, prosecutors say that a fraud charge against Meng could be made on either side of the border, because she allegedly made a misrepresentation to HSBC, which risked loss as a result.

The Crown's arguments also touch on the questions that Holmes put to Gottardi — suggesting that she could still think about the impact of U.S. sanctions without having to consider Canada's position on Iran.

HSBC could have been subject to millions of dollars in fines because of a deferred prosecution agreement with the United States in relation to sanctions violations against other countries.

"The sanctions context is useful only to aid in identifying the resulting harm flowing from [Meng's] alleged lie," the Crown wrote in a filing in advance of the hearing.

'Our government supports it'

Defence lawyer Scott Fenton concluded the defence's case by arguing — essentially — that the case for fraud couldn't be made because all the fraud involved stemmed from sanctions violations.

He said that all the potential losses in the case come from "legal" risk of fines or prosecution for offences that don't exist in Canada.

Fenton also noted that if banks are "innocent dupes" of a misrepresentation then they would have done nothing wrong, and if they haven't done their due diligence, they would be at fault — not just Meng.

The lawyer also rejected the notion a Canadian bank could risk its reputation by financing a sanctions-breaking client.

"There is nothing wrong with a company in Canada transacting in dollars in Iran. In fact, our government supports it. Promotes it," Fenton said.

"There can't be reputational harm to a Canadian branch of a bank for doing the very things that our government has said are not only entirely lawful but encourages them to do."

If the judge decides the legal test of double criminality has not been met, Meng will be free to leave Canada, though she'll still have to stay out of the United States to avoid the charges.

• Meng Wanzhou case is about the U.S. wanting Canada to enforce sanctions it rejects, defence says

• CBC Explains
  What to expect from Meng Wanzhou's extradition hearing this week

If the judge finds there is double criminality, the hearing will proceed to a second phase.

That phase, scheduled for June, will consider defence allegations that Meng's rights were violated during her arrest in December 2018.

About the Author

Jason Proctor

@proctor_jason

Jason Proctor is a reporter in British Columbia for CBC News and has covered the B.C. courts and mental health issues in the justice system extensively.

CBC's Journalistic Standards and Practices

 




https://www.cbc.ca/news/canada/british-columbia/the-strange-tale-of-the-paid-protesters-supporting-meng-wanzhou-at-her-trial-1.5434613 

The strange tale of the paid protesters supporting Meng Wanzhou at her extradition hearing

Woman says she was paid $150 to hold sign, another thought she was hired as a movie extra

Karin Larsen· CBC News· Posted: Jan 21, 2020 4:27 PM PT


Demonstrators outside B.C. Supreme Court on Day 1 of Meng Wanzhou's extradition hearing Monday. Actor Julia Hackstaff, far right, says she was told she was appearing as an extra in a movie shoot. (Georgie Smyth/CBC)


Two people who demonstrated in support of Meng Wanzhou outside B.C. Supreme Court during her extradition hearing say they were unwittingly recruited under false pretences and paid to be there.
Meng, the CFO of Chinese tech giant Huawei, was arrested at Vancouver International Airport in December 2018 at the request of the U.S., which seeks to extradite her to face charges of fraud. A number of people showed up on the first day of her hearing Monday and held signs supporting her.

For actor Julia Hackstaff of Vancouver it all started with a promise of $100 for two hours of work in what she understood to be an appearance as an extra in a movie shoot. Hackstaff said the offer came over Facebook from a person in the acting community she has never met.

"It's terrible, it's horrifying," she said. "I was sincerely going to participate in something that seemed cool and a nice opportunity. And they took advantage of my profession and my passion ... to make a false protest."

The second person, whom CBC News has agreed not to identify and will refer to as SP, said she was recruited by a friend promising a $150 payday just to show up at the courthouse and hold a sign.

• Judge questions defence logic as Meng Wanzhou extradition hearing continues

"I was told it was to free Ms. Meng. I had never heard that name before in my life​​​​​," said SP, also of Vancouver. "I had to go after and Google what Huawei was because I never heard that [name] before in my life. I didn't even know it was a company."

Both women say they don't know who was ultimately offering the payment for their participation.
SP says a woman identified only as "Jowe" [pronounced "Joey"] handed out the signs at the courthouse.



One woman says she was recruited by a friend who paid her $150 to show up and hold a sign. (Maggie MacPherson/CBC)


"She didn't say much, she just shook our hands," said SP, who was standing with a small group of people. "She disappeared for a bit and came back and she had the red signs that you can see in the pictures a lot of people holding. So I assume either she made them or someone got them made for her, and she just basically handed them out. That was it. We were given no instruction, no information on what we're doing."

Hackstaff says she and a friend were told by her contact to go to the Holiday Inn a few blocks away and then brought to the courthouse. When they arrived, they approached a group of young people who looked "lost" she assumed were background actors.

"I went and asked, 'Are you guys the extras?' And one guy said yes. He then asked me my name and my friend's name. So we gave him our first names and he checked on his phone like [as] if he had a list."

Hackstaff said she was handed a red sign that said "Free Ms. Meng, Equal Justice!" Soon after, she began questioning what was actually going on.

GeorginaSmyth✔@GeorgieSmyth

There was something very strange about this protest this morning. Participants said they had only heard about the hearing last minute, hence the basic signs. They were unwilling to tell media about their cause and where they were from and were becoming agitated at questions. https://twitter.com/GeorgieSmyth/status/1219302898372243457 …

"A CBS reporter approached me and my friend and she started interviewing us. And it was in those moments and questions where I started realizing, OK, if this was background work, they wouldn't need detail on background people."

"And then I started realizing, wait, no one called 'action,'" she said.

Hackstaff says she "freaked out" when a second reporter approached, coming to the realization that the movie she thought she was appearing in was, in fact, something very real. She says that's when she left without being paid.

• LISTEN
  Podcast: Huawei's Meng Wanzhou extradition fight begins

SP says her friend paid her $150 via an e-transfer. She says after she read up on Meng and Huawei, she feels deep regret at having participated in what she feels was a faux protest.

"I wasn't educated ... and that's a shame on me," she said. "I really wish there was a way to go back in time."

CBC News has left messages with the woman identified as Jowe. She has not responded.

Corrections

• An earlier version of this story incorrectly reported Hackstaff identified another one of the protest organizers. In fact, Hackstaff says she did not have direct contact with protest organizers.
  Jan 21, 2020 6:40 PM PT

About the Author

Karin Larsen

@CBCLarsen

Karin Larsen is a former Olympian and award winning sports broadcaster who covers news and sports for CBC Vancouver.

With files from Georgie Smyth

CBC's Journalistic Standards and Practices

https://www.cbc.ca/radio/frontburner/huawei-s-meng-wanzhou-extradition-fight-begins-1.5433840

Huawei's Meng Wanzhou extradition fight begins

CBC News· Posted: Jan 21, 2020 4:57 AM ET 

Meng Wanzhou, chief financial officer of Huawei, leaves her home in Vancouver on Jan. 20, 2020. A court hearing begins today in Vancouver over the American request to extradite the executive of the Chinese telecom giant Huawei on fraud charges. (Jonathan Hayward/The Canadian Press)


Meng Wanzhou's extradition hearing finally kicked off this week. It's been just over a year since the Huawei chief financial officer was arrested on fraud charges. The arrest ignited a massive diplomatic rift between Canada and China, and a lot of international attention is focused on the Vancouver courtroom where a judge now must decide whether Canada will send the heiress to face the U.S. justice system.

CBC Vancouver senior reporter Jason Proctor has been covering this story closely. Today on Front Burner he explains how extradition hearings work and how these proceedings might affect Canada's already tense relationship with China.












 https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-huawei-canada-china-1.5187662

Meng Wanzhou's lawyers say Canada should end extradition for 'national interests'

Lawyers say minister of justice needs to assert independence from U.S. in case of Huawei CFO

Jason Proctor· CBC News· Posted: Jun 24, 2019 11:34 AM PT




Lawyers for Huawei chief financial officer Meng Wanzhou say it would be in Canada's national interests to end extradition proceedings against their client. (Ben Nelms/CBC)

Lawyers for Meng Wanzhou say it would be in "Canada's national interests" to drop extradition proceedings against the Huawei chief financial officer.

Meng's legal team is asking Ottawa to assert Canadian independence from the United States by ending a legal proceeding that could render the executive to the U.S. for allegedly violating sanctions against Iran.

The normally tight-lipped lawyers say they submitted an argument to Justice Minister David Lametti following reports former prime minister Jean Chrétien floated the idea of Ottawa cancelling Meng's extradition as a way to thaw out hostile relations with China.

"Canada is at a crossroads respecting the United States' request that Canada extradite Ms. Meng, for conduct that could not be an offence in Canada," the lawyers argue.

"Over our history, the Canadian government has stood up for Canadian values, including the rule of law, even in circumstances where this has meant a departure from American foreign policy initiatives."

The statement is signed by the four legal heavyweights preparing Meng's defence in the lead-up to her B.C. Supreme Court extradition hearing, which is expected to begin next January.

The 47-year-old was arrested at Vancouver International Airport last December on a stop over from Hong Kong to Buenos Aires.

• PODCAST
  NEW EPISODES of Sanctioned: The Arrest of a Telecom Giant

According to an indictment unsealed in January, Meng and Huawei face 13 criminal counts of conspiracy, fraud and obstruction in the U.S. The charges relate to an alleged scheme to circumvent sanctions against Iran through a shadow company in Tehran that prosecutors say was actually controlled by Huawei.

Meng is accused of lying about the relationship — putting U.S. banks at risk of violating sanctions.

The case has thrown Chinese-Canadian economic relations into a tailspin and seen China arrest two Canadians accused of spying and sentence two more to death for alleged drug offences.

The arguments echo submissions Meng's lawyers have already made in court, but they come after news both of Chretien's interference and a CBC report that Beijing ignored a personal attempt by Prime Minister Justin Trudeau to meet with China's premier.


Former Prime Minister Jean Chretien has suggested that Canada should cancel extradition proceedings against Meng Wanzhou as a way to thaw out hostile relations with China. (Fred Chartrand/Canadian Press)

The statement comes at a time of heightened tensions between the United States and Iran.

Last week, Iran shot down a U.S. military drone — an action followed by U.S. President Donald Trump's last minute decision not to carry out a retaliatory strike because it would have killed 150 people.

Meng's legal team notes that Trump withdrew from an international agreement aimed at limiting Iran's nuclear capabilities and has since sought to introduce increased sanctions on the Islamic republic.

Canada has not followed suit.
 

Meng Wanzhou is facing an extradition hearing which is set to begin in January. China has called for her release as have her lawyers. (David Ryder/Reuters)

They say that Meng would never face a similar prosecution in Canada because "only the U.S. has sanctions laws prohibiting foreign banks entering into U.S. dollar transactions for doing business with foreign companies that sell commercial goods into Iran."

The argument speaks to the principle of "double criminality" at the heart of extradition law: that a crime in the country seeking extradition should also be considered a crime in Canada.

'Nothing to do with Canada'

Besides — Meng's legal team says the lies she is accused of making allegedly took place in Hong Kong in the presence of non-Canadian bankers.

"Canada does not police the conduct of foreign persons in foreign lands that have nothing to do with Canada," the statement from the lawyers says.

Meng's lawyers refer back to Canada's 2002 decision — under then-Prime Minister Chrétien's leadership — not to join the U.S.-led coalition which invaded Iraq; they say Canada must occasionally depart from American foreign policy.

"Canadian governments have had to make difficult decisions, sometimes at odds with the foreign policy initiatives of its allies, including the United States, in order to assert essential Canadian values of human decency, fairness, tolerance and respect for human rights and the rule of law," the lawyers say.


Flanked by security and photographers, Meng Wanzhou leaves for B.C. Supreme Court on Wednesday, May 8, 2019. (Ben Nelms/CBC)

Beyond the press release from Meng's lawyers, the submissions to Lametti have not been made public.

The Department of Justice would not confirm receipt of the letter from Meng's legal team, but said "Canada is a country that respects the rule of law" in an emailed statement to CBC News.

The statement also cited the provisions of the Extradition Act in dealing with the case.

According to extradition procedure, the minister of justice has an opportunity to weigh in on a case once a decision has been made to commit a person for removal to another country.

• CBC EXPLAINS
  Why Canada's decisions on who builds 5G technology are so important

• In Depth
  Everything you need to know about Huawei, Meng Wanzhou and her possible extradition

Documents obtained by the CBC under Freedom of Information say Trudeau has also been told that there "are no examples of the Minister (of Justice) discharging a case for political or diplomatic reasons."

Foreign Minister Chrystia Freeland's has rejected the notion of simply cancelling Meng's extradition at this point.

Meng is currently living under a form of house-arrest in one of two multi-million dollar homes she owns in Vancouver, after being released on $10 million bail.

About the Author

Jason Proctor

@proctor_jason

Jason Proctor is a reporter in British Columbia for CBC News and has covered the B.C. courts and mental health issues in the justice system extensively.

CBC's Journalistic Standards and Practices

3606 Comments 

Commenting is now closed for this story.

Philip Nicholson

We don't break the law for national interests (Justin take note). We uphold the rule of law because it is the right and ethical thing to do

David Amos
Reply to @Philip Nicholson: Whereas Trump i pounding on the drums of war again methinks its High Time I call all the lawyers again and send some more emails N'esy Pas?



Abid Salman
Reply to @Philip Nicholson: Upholding the rule of law is a basic tenet of civilized society.
However, this basic tenet should be applied impartially and without a selective partisan touch.
What rule of law did Canada use to support the overthrow of the Venezuelan government, wage war on Iraq, Syria and Afghanistan ?
Civilized society requires the use of diplomacy to settle differences, where "genuine" national interests are concerned. Blindly following the bellicose rhetoric coming from the hawks in the US, is not being civilized.

David Amos

Reply to @Abid Salman: Well Put

Roosevelt Smith
Love the threats China, we actually have something called rule of law here...
 

David Amos
Reply to @Roosevelt Smith: "Love the threats China, we actually have something called rule of law here.."

Methinks lawyers should not bet the farm on your opinion until you have studied Federal Court File NO T-1557-15 and asked Justice Minister David Lametti why he has not responded to me yet N'esy Pas? 






















Joyce Hope Shortell
Bend to China's demands & we'll be a puppet on a string.  
 

David Amos
Reply to @Joyce Hope Shortell: Methinks you must prefer Trump as our puppet master N'esy Pas? 



















Darcy Wells
I find this amusing that, after last week's threats that Canada shouldn't meddle in internal Chinese matters, they pull this one of their hat.

Threats, unlawful detainment of CDN nationals and now open meddling in legal proceedings.

Made in China!  


Jason Tremblay
Reply to @Darcy Wells:
AND they were trying to pass their own extradition law in Hong Kong but the people rose up to reject it.

Irony thy name is China!


Bob DeJohn














Pete Lindsay
Ms Meng’s defence Should be arguing her innocence and providing proof that the charges against her are baseless! This strategy to argue to release her for our national interest is despicable and makes me think she is guilty  


Ken Likeness
Reply to @Pete Lindsay: Canadian law isnt supposed to be based on French law that requires an accused to prove their innocence. It is supposed to be the required of the accuser to prove any guilt. (note I said supposed to be.) 





















Michael Jay
"Jean Chrétien floated the idea of Ottawa cancelling Meng's extradition as a way to thaw out hostile relations with China."

The extradition should be cancelled if it is unlawful or unwarranted and for no other reason!!! 


David Amos
Reply to @Michael Jay: Methinks a lot of lawyers agree that it being unlawful and unwarranted are pretty good reasons to cancel the extradition nonsense N'esy Pas? 

















Oliver Watler
If Meng Wanzhou is confident of her innocence, then she should head to the USA tomorrow for trial and get this all over with. Why is she hanging out here for as long as possible? 


Bob DeJohn
Reply to @Oliver Watler: We've delayed the court process for her extradition. Trump already public ally declared it was a political arrest. She shouldn't even be sent to the US in the first place because of that.






















Thomas Carter
If she is innocent as all her supporters suggest then she has nothing to fear. Just let it work through the courts. A story last week stated that if she really wants to get this out of the way as fast as possible she should surrender to the US authorities which would eliminate the months of extradition hearings in Canada and go straight to trial in the US.






















Charles Brody
NO. Canada is a country governed by the rule of law and that is sacrosanct. 


David Amos
Reply to @Charles Brody: Dream on 





https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-extradition-chinese-huawei-1.5089840

'Poor Canada': Will Meng Wanzhou extradition hearing threaten national interest?

Chinese economic pressure tactics called unprecedented by former head of extradition for U.K.

Jason Proctor· CBC News· Posted: May 03, 2019 1:00 AM PT

The U.S. is seeking the extradition of Huawei chief financial officer Meng Wanzhou, but Canada appears to be bearing the brunt of China's displeasure in a situation that blurs the lines between politics and justice. (Darryl Dyck/The Canadian Press)


If anyone can appreciate the kind of pressure facing the Canadian prosecutors handling Meng Wanzhou's extradition hearing, it's Nick Vamos.

As the former head of extradition with the British Crown Prosecution Service, Vamos has handled many high-profile, international white collar cases in the U.K..

He says political concerns — such as China's obvious displeasure with the Huawei executive's arrest — may swirl in the background. And he has heard comments from politicians like U.S. President Donald Trump — who suggested Meng could be used as a bargaining chip in a trade war — inadvertently hand defendants ammunition in their bids from freedom.
But Vamos — who now works as a London-based defence lawyer — says he's never seen anything as overt as Beijing's apparent attempts to bully Canada into releasing Meng: arresting and isolating two Canadians in China for allegedly spying, sentencing two more to death for drug trafficking and choking off imports of Prairie canola.

"That's a new phenomenon," said Vamos, a partner with Peters and Peters, a leading U.K. law firm with expertise in business crime.

"Or at least not a phenomenon that's been so publicly and obviously displayed in an extradition case."

'I find that profoundly depressing'

Meng's legal team will likely provide a roadmap along with the beginnings of a strategy for extradition proceedings when the Huawei chief financial officer makes her next B.C. Supreme Court appearance on May 8.

The 47-year-old faces the possibility of decades in jail if sent to the U.S. to face criminal charges of conspiracy and fraud in relation to accusations she lied to New York banks as part of a scheme that allegedly saw Huawei violate sanctions against Iran.



Canada has come under intense pressure from China to release Meng. Her supporters have crowded the Vancouver courtroom where Meng's court proceedings take place. (David Ryder/Reuters)


Her lawyers have already raised concerns about what they called the "political character" of the case, along with hints they'll be claiming abuse of process in the way Canada Border Services agents and the RCMP detained and arrested her at the Vancouver airport last December.

Vamos said prosecutors essentially act as a lawyer for the requesting state — the United States in Meng's case. They wouldn't normally be aware of the kind of back channel pressure that accompanies some extradition cases.

"Poor Canada — without wishing to sound patronizing — is being caught in the middle of this, and China are shamelessly using political tactics to intervene in what is supposed to be an open, transparent judicial process," he said.

"And I find that profoundly depressing."

'The boyfriend of a very bad man'

Vancouver-based lawyer Gary Botting has written several books on extradition and constitutional freedoms, including one focused on the law surrounding extradition to the United States.

He believes Meng has a strong case, in part because her treatment could be seen as "unjust or oppressive" given the nature of her job and the way in which she was apprehended.

"The vice-president of an international corporation doing business hither and yon has to know they're going to be safe from being arbitrarily arrested at an airport at the behest of a rival state," he said.
"It's just common sense that shouldn't be allowed to happen."
Botting said Meng has a number of possible grounds to challenge the extradition. Trump's comments will almost certainly be among them, as will the Charter of Rights and Freedoms guarantees she has already claimed were violated in a separate civil suit.

In 2001, the Supreme Court of Canada upheld a judge's decision not to extradite four men wanted in the U.S. for a $22-million telemarketing scam because of comments U.S. prosecutors made that would have led to a violation of their charter rights.



The Supreme Court of Canada upheld a decision not to extradite four men to the United States after a U.S. assistant attorney suggested one of them might be raped in prison if he didn't waive his extradition rights. (Shutterstock)


The ruling came after an assistant U.S. attorney told CBC's The Fifth Estate one of the accused would "be the boyfriend of a very bad man" if he waited out his extradition hearing and wound up in jail after a trial.

The men argued that they were being threatened with rape in prison, which would have violated the charter right to life, liberty and security of the person — not to mention the right not to be subjected to cruel and unusual punishment.

'Political in nature'

Along those lines, Meng has already claimed in her civil case that the RCMP arranged for CBSA officers to detain her for three hours before she was officially arrested so she could be denied access to a lawyer and her electronic devices could be seized.

She said she was denied her charter rights to know the reason for her arrest, to retain and instruct legal counsel without delay and to be secure against unreasonable search and seizure.



U.S. President Donald Trump's comments about Meng could factor into her defence if she says she is being persecuted for political reasons. (Chip Somodevilla/Getty Images)


Vamos said Trump's comments won't necessarily play a huge role during the hearing stage.
He said prosecutors will likely ask the judge to look at the record of actions of the U.S. Department of Justice in regards to Meng as opposed to the president's off-the-cuff statements.

The courtroom extradition hearing itself is supposed to be apolitical.

But if a judge commits Meng for extradition, the final decision to surrender belongs to Canada's minister of justice.

And the Supreme Court of Canada, in a precedent-setting case involving a man accused in a mining fraud, has described the minister's role in that part of the extradition decision-making process as "political in nature … at the extreme legislative end of the continuum of administrative decision-making."

'There will come a moment'

Foreign Affairs Minister Chrystia Freeland acknowledged this reality in an interview in February with CBC's Ottawa Morning.

"Saying you're a rule of law country doesn't mean political decisions don't get taken," Freeland said.

"There will come a moment — as in all extradition cases, where the minister of justice will need to — could need to, depending on how things develop — could need to take a political decision about whether to approve the extradition."



Canadian Foreign Affairs Minister Chrystia Freeland has said that there may come a moment in the Meng case when a political decision is necessary. (Chris Wattie/Reuters)


The Extradition Act says the minister "shall refuse to make a surrender" if it would be "unjust or oppressive having regard to all the relevant circumstances."

The minister must also consider whether or not the prosecution is taking place to punish a person by reason of "race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status."

But the law is silent on the types of pressures facing the Canadian government when it comes to Meng and China. Shortly after her arrest, the Chinese government arrested two Canadians, Michael Kovrig and Michael Spavor, who have since been accused of spying. According to Canadian officials, both men have been kept in isolation for months.
A third Canadian, Robert Schellenberg, was sentenced in January to death in China for allegedly trafficking drugs. He was originally given a 15-year sentence, which he appealed. And this week, a Chinese court handed the death sentence to a fourth Canadian, Fan Wei, for his role in an alleged methamphetamine trafficking ring.

The Chinese have denied any relation among the fates of Kovrig, Spavor, Schellenberg and Meng, but the Canadian government has raised concerns about the timing.

Meanwhile, China has choked off Canadian canola shipments, claiming to have found "dangerous pests" in imports of the grain, which account for about $2.7 billion of annual trade between China and Canada.

'Nobody would be weeping'

Vamos sees an interesting parallel between Meng's case and an English case that saw the director of the U.K.'s Serious Fraud Office discontinue an investigation into allegations of bribery in connection with a multibillion-dollar arms sale to Saudi Arabia in 2006 under extreme pressure from the Saudi government.

At the time, Prime Minister Tony Blair defended the decision by saying Britain's "strategic interest" in terms of Middle East counterterrorism had to come first.

That proceeding differs from an extradition case in which Canada has little choice but to act in accordance with its international treaty obligations. But Vamos says the same kind of issues are at play.

"That puts them in this awful position where they have to carry on with the case knowing or suspecting that it might have these terrible consequences for Canadian citizens or the Canadian economy," Vamos said.

"So what do they do about that? Presumably they can talk to the Americans on various channels to say: 'Can you please not put us in this position?' But that gets very complicated because the Americans would look like they're giving in to Chinese pressure."
Vamos said he has discussed the Meng case with Canadian counterparts and has been following it with interest. If nothing else, it's keeping the world of extradition experts entertained.

He won't be drawn into betting on the outcome.

"I say this glibly, but I'm sure nobody would be weeping for too long if somehow she just managed to give her security detail the slip and left Canada on a false passport wearing a fake beard and moustache and appeared in China somewhere," he said.

"I'm not saying that's going to happen. But who knows?"







https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-civil-suit-1.5041064

Meng Wanzhou files civil claim against CBSA, RCMP and federal government

Huawei CFO alleges 'serious breaches of her constitutional rights'

Michelle Ghoussoub· CBC News· Posted: Mar 03, 2019 11:33 AM PT


Huawei CFO Meng Wanzhou leaves her Vancouver home to attend a court appearance regarding her bail conditions. (Darryl Dyck/Canadian Press)


Meng Wanzhou has filed a civil claim against members of the Canada Border Services Agency (CBSA), the RCMP and the federal government, alleging "serious breaches of her constitutional rights" when she was detained, searched and interrogated at Vancouver International Airport in December.

In the claim, filed Friday in B.C. Supreme Court, the embattled Huawei CFO says she is seeking damages for "misfeasance in public office and false imprisonment." It says Meng was held for three hours without explanation and without access to a lawyer before an RCMP constable told her why she was arrested.

It alleges that Meng has suffered "mental distress, anxiety, and loss of liberty" as a direct result of her detention at the airport.

Meng, who is the daughter of Huawei's founder, was arrested on Dec. 1, 2018, while in transit to Mexico and South America.
She was arrested on suspicion of fraud involving violations of U.S. sanctions on Iran, and American prosecutors are fighting for her extradition. American prosecutors claim she and other Huawei executives have been avoiding the United States since learning of an investigation into their activities.

Claim alleges arrest intentionally delayed

The claim alleges a "deliberate and pre-meditated effort" by CBSA officers to obtain evidence from Meng, in violation of her rights under the Canadian Charter of Rights and Freedoms.

RCMP Const. Winston Yep, three unnamed Canada Border Services Agency officers, and the Attorney General of Canada are named in the civil suit.

It alleges the officers obtained a warrant ordering Meng's immediate arrest, but intentionally delayed that arrest under the guise of a routine border check in order to extract evidence from her.
"The CBSA Officers detained the Plaintiff for the express purpose of obtaining information which they and the RCMP and/or U.S. D.O.J. did not believe would be obtained if the Plaintiff was immediately arrested," it reads.

The claim describes the scene at the Vancouver airport in early December, when Meng was among the first dozen passengers to exit her flight onto the jetway.



Meng leaves her home with a security guard in Vancouver the day after she was released on $10 million bail. (Jonathan Hayward/Canadian Press)


It says CBSA officers were screening passengers "for the sole purpose of detaining the Plaintiff and unlawfully searching and interrogating her before turning her over to the RCMP."

It claims the CBSA officers "knew or were recklessly indifferent to the fact that their detention, search and interrogation of the Plaintiff … was unlawful."

Devices seized 

The claim alleges Meng's detention was "unlawful" and "arbitrary," and that she had no freedom of movement after she was apprehended on the jetway.

The claim also alleges CBSA officers unlawfully seized two personal cellphones, an iPad and a personal computer and took them to a private office, then demanded Meng surrender her passwords.

It says the officers "unlawfully opened and viewed the contents" of the devices and searched Meng's luggage, in violation of her right to privacy.

Canada 'vicariously liable'

The 13-page document also claims that CBSA officers subjected Meng to unlawful interrogations over a sustained period, adding that Canada is "vicariously liable" because the officers are employed by the federal government.

None of the claims have been proven in court.

The CBSA and the RCMP declined to comment on the claim as it is before the courts.
Meng has been living under strict bail conditions in her Vancouver home since her release last December. She has hired at least 13 lawyers from six law firms.

On Friday, Canada announced that an extradition hearing for Meng can move forward.

Meng's defence team said in a statement that she maintains she is innocent of any wrongdoing and that the U.S. prosecution and extradition is an abuse of legal process.






https://www.cbc.ca/news/canada/british-columbia/meng-wanzhou-extradition-hearing-canada-1.5040392

Canada announces extradition hearing against Meng Wanzhou can go ahead

Green light from Ottawa means B.C. courts can proceed with formal hearing

CBC News· Posted: Mar 02, 2019 3:30 AM PT


Huawei CFO Meng Wanzhou talks with a member of her private security detail in Vancouver in this Dec. 12, 2018, file photo. (Darryl Dyck/Canadian Press)


Canada has announced that an extradition hearing against Meng Wanzhou, the embattled executive of Chinese tech giant Huawei, can move forward.

"Today, Department of Justice Canada officials issued an authority to proceed, formally commencing an extradition process in the case of Ms. Meng Wanzhou," read a statement from the federal department.

Ottawa had until midnight Friday, three months after Meng's arrest in Vancouver, to decide whether to approve the proceedings.

The United States wants to try Meng on charges related to conspiring to violate international sanctions against Iran.

Meng's defence team said in a statement that Meng maintains she is innocent of any wrongdoing and that the U.S. prosecution and extradition is an abuse of legal process.
The team said it is disappointed that an authority to proceed was issued given the political nature of the charges and that U.S. President Donald Trump has repeatedly said he would interfere in the case if he thought it would assist with trade negotiations with China.

'A political persecution'

The Chinese Embassy in Canada also expressed its disappointment in the Department of Justice Canada's decision.

"This is not merely a judicial case, but a political persecution against a high-tech enterprise," said the embassy in a statement.

"The final result of the Canadian court to handle this case will be a touchstone for testing whether Canada adheres to the judicial independence or not," it said.

China's ministry of foreign affairs issued a statement on Saturday saying that it "deplores and firmly opposes" Canada's move.

Vancouver immigration lawyer Richard Kurland said China has reasonable grounds to believe Canada could intervene in light of the recent SNC-Lavalin controversy.
"Canada has stood by its pretensions that we respect the rule of law but got caught with their pants down with SNC-Lavalin, doing the opposite of what they told China they couldn't do," Kurland said.



Meng leaves her home with a security guard in Vancouver on Dec. 12, 2018, the day after she was released on $10-million bail. (Jonathan Hayward/Canadian Press)


Meng, 46, was detained at Vancouver International Airport en route from Hong Kong to Mexico on Dec. 1, 2018, enraging Chinese leaders and catapulting both countries into an ongoing diplomatic dispute.

China has repeatedly called for Meng's release since her arrest. Prime Minister Justin Trudeau has previously said Ottawa can't interfere in Meng's case, citing the importance of respecting judges' independence and the rule of law.

Two Canadians in China, diplomat Michael Kovrig and entrepreneur Michael Spavor, were detained on national security grounds days after Meng's arrest. Canada, in turn, has called for their immediate release.
Another Canadian man jailed for drug smuggling, Robert Lloyd Schellenberg, was handed the death sentence in mid-January. Trudeau condemned the ruling, accusing China of "arbitrarily" applying the penalty.

Meng was released on $10 million bail on Dec. 12, 2018. She has since been living in her property in Vancouver's affluent Dunbar neighbourhood under constant surveillance.



Meng leaves B.C. Supreme Court in downtown Vancouver around 8 p.m. PT on Dec. 12, 2018, nearly five hours after the judge delivered his decision granting her bail. (CBC)


Friday's authority to proceed marks the first step in the extradition process. Meng is due in B.C. Supreme Court next Wednesday to set a date for the extradition hearing.

Even though courts in the province can now move forward with her extradition hearings, it could be a long time before Meng is sent to the U.S. — if at all.

Extradition cases can stretch on for years, winding in and out of court with many avenues for appeal. In deciding on Meng's bail, B.C. Supreme Court Justice William Ehrcke cited two such cases that dragged on for a decade or more.