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29 Mar, 5 tweets, 2 min read
Back now for the start of the fourth branch of #MengWanzhou abuse arguments. This one is about international jurisdiction!! Here's a previous story summarizing their claim cbc.ca/news/canada/br…
The first lawyer up is going to be Gib van Ert - a new face on the #MengWanzhou defence team. He's an expert on international law. William Smart will also be making submissions ...
van Ert says what happened in this case is no business of the US. It's the business of China ... and as such US is violating international law ...
He says this proceedings "threatens to put Canada" in breach of our own commitments to international law ... says consequences have been real for #MengWanzhou who has been "marooned" here for more than two years
He says the only way for the BC court to disassociate itself from this breach of international law is to decline the request for extradition

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More from @proctor_jason

Jason Proctor Profile picture
25 Mar
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)
Read 13 tweets
Jason Proctor Profile picture
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
Jason Proctor Profile picture
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
Jason Proctor Profile picture
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
Jason Proctor Profile picture
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
Jason Proctor Profile picture
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

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