Today's #MengWanzhou court hearing about to begin. Crown could wrap by the end of day. Here's yesterday's story: cbc.ca/news/canada/br…
Curious to know what my colleagues @ianjamesyoung70 and @amysmart1 make of the judge's frequent questions. She seemed to make clear she's considering wrongdoing on behalf of RCMP and CBSA - even without guiding FBI conspiracy
Crown lawyer Diba Majzub says he's going to use his time to review law around seizing of phones and passcodes ... he says the purpose of getting phones was admissibility (which is legal)
Basically - CBSA officers can't seize and examine phones for criminal investigations ... but they can do it for immigration purposes like admissibility. This gets tricky when - for instance - child pornography is found on a phone - per this decision canlii.org/en/on/oncj/doc…
Judge pushes Crown on a 2020 Alberta appeal court decision that found that unrestricted searches of personal devices at the border to be unconstitutional - indicates this could be a problem canlii.org/en/ab/abca/doc…
Here a quote from that decision "While reasonable expectations of privacy may be lower at the border ...
developments in the law regarding privacy in personal electronic devices have not yet been
thoroughly considered in the border context." Crown claims its not binding here
BTW that case involved a traveller coming back to Edmonton from Cuba with child pornography on his phone. The Alberta appeal court concluded part of the Customs Act is unconstitutional because it imposes no limits on searches of electronic devices at the border
They gave parliament a year to amend the Customs Act. Majzub said the CBSA officers in #MengWanzhou case relied on Immigration and Refugee Protection Act ... not the Customs Act ... Judge doesn't seem convinced
Crown lawyer John Gibb-Carsley now arguing points relating to allegations that RCMP shared electronic info with the FBI ... says former Staff Sgt Ben Chang did not share
Here's a CBC story on that Alberta Appeal Court decision cbc.ca/news/canada/ed…
Gibb-Carsley says it's not plausible that Ben Chang would have transmitted the complicated numerical technical information related to #MengWanzhou devices by telephone .. says if he did it - it would have happened by RCMP email
Gibb-Carsley says ESN just stands for electronic serial number - but says there's nothing electronic about what RCMP copied "In this file - ESN has taken on an exotic persona. More than it deserves in this case. These numbers are serial numbers by a different name."
Gibb-Carsley says there's also no merit to argument that RCMP acted improperly by destroying all former Staff Sgt. Ben Chang's emails when he retired ... done until 2 now ...

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Jason Proctor

Jason Proctor Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @proctor_jason

24 Mar
Crown about to resume arguments at #MengWanzhou extradition proceedings ... here is a recap of yesterday's events: cbc.ca/news/canada/br…
Crown lawyer Diba Majzub begins by telling judge that CBSA acted reasonably in deciding to examine #MengWanzhou before the RCMP arrested her ...
Majzub says the Crown's argument "in a nutshell" is that there wasn't a "battle for immediacy" between RCMP and CBSA on #MengWanzhou arrival - but that RCMP acted reasonably in letting CBSA go first - not to carry out a covert plot for which there is no evidence
Read 6 tweets
23 Mar
Crown lawyer Robert Frater says he's going to speak for 30 minutes only - asks the judge to "step out of the weeds"
He says there are two different narratives - the exciting one - and the more "prosaic" one ... the one involving conspiracy ... and the one that just involves two public bodies trying to figure out how to go about an unprecedented situation
Frater tells the judge not to lose focus on the law ... says she needs to keep the applicable test for abuse of process in mind from Regina vs Babos ... scc-csc.lexum.com/scc-csc/scc-cs…
Read 21 tweets
23 Mar
The #MengWanzhou extradition proceedings are about to begin for the day. Defence lawyer Richard Peck said he expects to take another hour - interesting to hear the response from the Crown soon cbc.ca/news/canada/br…
I see the judge overseeing the hearing has denied an application from #MengWanzhou to introduce evidence from a Huawei accountant who would have said HSBC didn't really risk losing any money - suggesting the allegation of fraud could not be supported bccourts.ca/jdb-txt/sc/21/…
The judge echoes the Crown's point on this element of the #MengWanzhou case: "The simple fact of a loan, even a loan that has been repaid, may satisfy the deprivation element of fraud. The law does not require an assessment of the risk of non-repayment."
Read 5 tweets
22 Mar
Back with #MengWanzhou defence lead Richard Peck who says the failure to take adequate notes amounts to a dereliction of duty for the RCMP and CBSA officers involved in arrest
Peck says a deliberate decision not to take notes is a violation of Charter Section 7 ... because it impedes a person's ability to defend themselves
Peck says "There are problems with mere negligence if that’s what is happening … It becomes much more serious if there’s a deliberate determination not to take notes …"
Read 5 tweets
22 Mar
Fenton accuses RCMP of "unacceptable negligence" in the destruction of former Staff Sgt. Ben Chang's emails ...
Fenton is done - next up is Richard Peck - on credibility and reliability
Peck begin by saying the reliability and credibility are both issues in the #MengWanzhou case ...
Read 6 tweets
22 Mar
Back for the beginning of another week of #MengWanzhou extradition proceedings in BC Supreme Court. Defence is still making their case in relation to allegations Meng's rights were violated during arrest cbc.ca/news/canada/br…
If you've been following the "trials" of Michael Kovrig and Michael Spavor in China right now - please take the time to listen to this episode of our podcast where you can learn so much more about these two Canadians podcasts.apple.com/ca/podcast/epi…
Defence lawyer Scott Fenton begins by speaking about the "unprecedented" refusal by former Staff Sgt. Ben Chang NOT to testify at Meng's extradition proceedings ... says "there is a certain shock value" that Chang won't allow himself to be cross-examined
Read 12 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!