This is it! The final two and a half weeks of #MengWanzhou extradition proceedings begin today ... here's a look at what you can expect cbc.ca/news/canada/br…
And I will be dialling into the proceedings - which are set to kick off at 10 am PT ... we should begin with arguments on allegations the US misled Canada about the facts of the case ... but remember - this isn't a trial ...
Court now called to order!
An overflow room has overflown ... And the judge has asked people in the courtroom to keep their masks on ...
Defence lawyer Mona Duckett is now beginning arguments related to the so-called 'third branch' of abuse of process (actually the fourth to be argued) ...
Duckett accuses the US of acting in "bad faith" ... and abusing the good will behind the extradition process by propagating a false narrative ...
Defence is now going through the "young" history of the 1999 Extradition Act between the US and Canada that gave rise to the procedure #MengWanzhou claims is being abused
And what they're focussing on is the "record of the case" the US provides the court - which details evidence they say will be available and "sufficient" to take the case to trial. It's a "good faith" process" that relies on Canada's extradition partners telling the truth
Duckett is comparing the process to the "full and frank disclosure" required when police seek investigate aids like wiretaps ... but admits that they do that without the subject of the investigation in the court - in the way that #MengWanzhou has the right to defend herself here
Interesting to note that despite the fact the judge denied the admittance of documents #MengWanzhou got from HSBC ... the defence seems to be referencing them a lot in their bid to try to convince the judge that the US is misleading the court
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Back after a break now - and #MengWanzhou lawyer Mona Duckett is continuing her submissions with comparisons to other cases ... again - they're trying to convince the judge the US has lied to the court about key facts in the case
She's citing a 2003 B.C. Supreme Court case where a judge stayed proceedings when the United Kingdom sought a Victoria man for extradition in relation to an alleged conspiracy involving the sale of rare coins.
The man's defence lawyers determined that one of the chief witnesses had absconded, another had died, and prosecutors didn't actually know if another was available.
In granting a stay, the judge said it would be "unsafe" to rely on the record of the case.
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 ...
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)
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
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…
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."