NEWS
08/21/2019 17:47 EDT | Updated 08/21/2019 17:54 EDT

Huawei Executive Meng Wanzhou's Defence Alleges Canada Acted As "Agent" For FBI

Darryl Dyck/THE CANADIAN PRESS
Huawei chief financial officer Meng Wanzhou at her home after a court appearance in Vancouver, on Mar. 6, 2019.

VANCOUVER — A defence team for a Chinese telecom executive is alleging Canadian officials acted as “agents” of American law enforcement while she was detained at Vancouver’s airport for three hours ahead of her arrest.

In court documents released this week, defence lawyers for Huawei chief financial officer Meng Wanzhou point to handwritten notes by Canadian officers indicating Meng’s electronics were collected in anticipation of a request from the Federal Bureau of Investigation in the United States.

The notes show the RCMP asked the FBI if the U.S. was interested in Meng’s luggage and that a Canada Border Services Agency officer wrote down Meng’s passcodes, while another questioned her about Huawei’s alleged business in Iran.

Watch: How Huawei found itself in the middle of a Canada-China trade war. Story continues below.

This happened before she was informed of her arrest, the defence says.

“The RCMP and/or CBSA were acting as agents of the FBI for the purpose of obtaining and preserving evidence,” alleges a memorandum of fact and law filed by the defence.

“The question that remains is to what extent and how the FBI were involved in this scheme.”

The materials collected by the defence were released ahead of an eight-day hearing scheduled for September, in which the defence is expected to argue for access to more documentation ahead of Meng’s extradition trial.

The Attorney General of Canada has yet to file a response and none of the allegations have been tested in court.

Meng’s arrest at Vancouver airport has sparked a diplomatic crisis between Canada and China and drawn international scrutiny of Canadian extradition laws.

She was arrested at the behest of the U.S., which is seeking her extradition on fraud charges in violation of sanctions with Iran.

Both Meng and Huawei have denied any wrongdoing. Meng is free on bail and is living in one of her multimillion-dollar homes in Vancouver.

The RCMP and CBSA did not immediately respond to requests for comment on the documents but have said in a response to a civil claim that border officials only examined Meng and her luggage for immigration and customs purposes.

Jeff Vinnick via Getty Images
Huawei Technologies Chief Financial Officer Meng Wanzhou is escorted by security as she leaves her home on May 8, 2019 in Vancouver.

Meng extradition trial won’t begin until Jan. 20, but the court documents shed light on her defence team’s planned arguments that her arrest was unlawful and for the benefit of the United States.

“These are allegations of a purposeful violation of a court order and the abuse of important Canadian legal norms for improper purposes, namely, to further the objectives of the requesting state,” the defence says.

They plan to argue that the U.S. committed an abuse of process by using the extradition proceedings for political and economic gain. Parts of the defence are comments by U.S. President Donald Trump that he would intervene in Meng’s case “if necessary.”

MANDEL NGAN/AFP/Getty Images
US President Donald Trump speaking in Louisville, Kentucky, on August 21, 2019. 

The seizure of electronics and questioning of Meng by border officials in Canada also follows a pattern of how Huawei employees have been treated at U.S. ports of entry.

“This targeting has included the apparent abuse of customs and immigration powers to search and question Huawei employees at various U.S. ports of entry,” the documents say.

The defence accuses officers of intentionally poor note keeping that obscures what exactly happened, including why the arrest plan apparently changed.

The RCMP and/or CBSA were acting as agents of the FBI for the purpose of obtaining and preserving evidence.Memorandum from Meng Wanzhou's defence team.

The documents suggest that Canadian officials initially planned to arrest Meng “immediately” after she landed, by boarding the plane before she got off. Instead, three CBSA officers immediately detained Meng when she disembarked the plane while two RCMP officers stood nearby and watched, despite their knowledge of the warrant calling for her “immediate” arrest, the defence says.

The defence argues spotty notes kept by the CBSA officers constitute a “strategic omission.”

“When assessed together, a clear pattern emerges from these materials: the CBSA and the RCMP have strategically drafted these documents to subvert the applicant’s ability to learn the truth regarding her detention,” the defence says.