If the art of traditional diplomacy hadn’t already faltered under the Trump administration, it was dealt a knockout blow when the president sarcastically called the North Korean leader, Kim Jong Un, “Little Rocket Man.”

Megaphone diplomacy, where insults are hurled, has replaced serious negotiation and quiet discussion. Trump also thinks nothing of disagreeing with his advisers, even if they are his intelligence officials. Trusting Donald Trump is obviously difficult.

However, the People’s Republic of China has recently managed to score higher than Trump on the untrustworthiness scale.

Cautious optimism that China might have “opened up” briefly emerged in 2001, when China entered the WTO (World Trade Organization). But hopes that China would respect multilateral rules, which contain international norms and rules, have disappeared. One of those norms is the rule of law.

Instead, the China has increased its power with a suite of laws to control information and to “strengthen efforts to manage and guide overseas Chinese communities and utilize them as agents of Chinese foreign policy.”

A report from Canada’s Security Intelligence Service on Chinese involvement in New Zealand makes for chilling reading.

Similarly, Jonathan Manthorpe’s just released book, Claws of the Panda: Beijing’s Campaign of Influence and Intimidation in Canada, argues that Beijing has been targeting Canadian officials and influencers for decades. In addition, “Under Watch”, a report by the Foreign Correspondents Club of China paints “the darkest picture of reporting conditions inside China in recent memory.”

Trump’s bombastic style will be now be tested against the Chinese government’s repression in an epic battle over trade tariffs. As we know, Trump likes to win, or at least to appear to win. China also wants to win and is ruthless in its methods.

The current diplomatic impasse is high profile. Upon an extradition request by U.S. authorities, the RCMP arrested Meng Wanzhou, CFO of the China’s Huawei Corporation, when she landed in Vancouver en route to Mexico. Reports allege she had been avoiding U.S. travel, because she was aware of investigations into her business.

China was outraged and demanded her release.

Under our rule of law, politics and special treatment or privilege does not interfere with any ongoing legal process. An independent judge will now examine the public charges from two American grand juries to determine if extradition is warranted. As is her right under Canadian law, Wanzhou and her legal team will mount a defence.

Soon after, China arrested two Canadians, Michael Kovrig and Michael Spavor. With very little notice, they also arbitrarily changed a drug smuggling sentence of 15 years, for Canadian, Robert Lloyd Schellenberg, to that of execution. Since Canada abolished the death penalty in 1976, this decision is a flagrant provocation by the Chinese. Canadians should be outraged.

Whereas Meng has been treated with respect, granted access to excellent legal counsel, attended bail hearings and lives in her Vancouver home, albeit under house arrest with electronic surveillance, Kovrig and Spavor have not been seen, except by limited visits by consular officials.

They are reportedly interrogated daily under 24 hour lighting. There are no detailed charges against the two Canadians — just vague allegations of national security issues. We don’t know if they will be granted any due process or any defence.

The government’s statement Saturday that “due to provisions of the Privacy Act, no further info will be disclosed” is troubling. Perhaps they will be released, but it could also mean they are in bad shape. Only the government and presumably the families know for for sure.

This is unacceptable. To be taken seriously, the Chinese should immediately outline their accusations and ensure the Canadians have independent legal and consular advice and access and that they are being humanely treated.

The Chinese government must also understand that the rule of law is not negotiable. It is a foundational principle of democracy, which ensures that everyone, including governments, is held to account.

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Unfortunately, the dismissal of Canadian Ambassador John McCallum, in addition to unhelpful remarks by Donald Trump, muddied these clear waters. The rule of law does not and should not ever lend itself to political games.

Discrete diplomacy would seek common ground to allow everyone a “win” and to allow the freedom of the detained Canadians. No one wins if there is any harm to life.

And no one wins if trust between countries is broken. It is just too hard to restore.

Penny Collenette is an adjunct professor of law at the University of Ottawa and was a senior director of the Prime Minister’s Office for Jean Chrétien. She is a freelance contributor for the Star. Follow her on Twitter: @penottawa

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