VANCOUVER—Lawyers specializing in extradition predict the case of embattled Huawei executive Meng Wanzhou will likely take a decade to resolve and may change the way the Canada Border Services Agency does business.

Any person with the financial resources to pay counsel can draw out due process in the courts, said Richard Kurland, a lawyer and federal policy analyst who is not involved in the case.

“If you can afford the ride, you can be here for many years. Eight to 10 years would not be unusual, and there’s no best-before date,” Kurland told Star Vancouver. “It’s a combination of our Canadian independent judicial system with Charter protections and due process.”

Meng appeared in court on Monday for matters of disclosure ahead of her criminal hearing, which is scheduled to begin in January. An appearance for her separate civil case, in which Meng is suing the Canada Border Services Agency (CBSA) for breaching her Charter rights during her arrest, was scheduled for Monday morning but was moved.

At a hearing weeks ago, the judge expressed concern the civil lawsuit was “just a ruse” to get information for the extradition proceedings. Defence lawyers for the extradition case are trying to force the court to release documents they say will prove meddling by U.S. authorities in the arrest.

The extradition process is complex, Kurland explained, pointing to two Canadian cases that took more than a decade to resolve.

First, evidence needs to be disclosed to counsel prior to a hearing. Then there’s the hearing itself, which could take years. Any initial decision would be subject to appeal, and there’s appeals at both lower- and higher-level courts — each with a long queue. There are also potential appeals through immigration processes.

Meng, the 47-year-old daughter of Huawei’s founder, was arrested at the behest of the United States, which is seeking her extradition on charges of violating sanctions with Iran. Both Meng and Huawei have repeatedly denied any wrongdoing.

On Monday, Huawei spokesperson Benjamin Howes released a statement via Twitter saying the company would not provide detailed comments as the issue is still before the courts.

“We support Ms. Meng completely and believe she is innocent of all allegations against her,” Howes said. “We have every confidence that she will be vindicated in keeping with the independence and fairness of the Canadian judicial process.”

Defence lawyers have asserted the U.S. is attempting to use the extradition proceedings for economic and political gain.

Meng appeared relaxed as she entered the courtroom Monday, wearing her house-arrest ankle bracelet with silver stiletto heels.

Carrying stacks of thick binders, defence lawyers argued Meng was unlawfully detained at Vancouver’s airport on Dec. 1, 2018 at the direction of American authorities. They are seeking clarity on the actions of the CBSA and RCMP as to whether the arrest was intentionally delayed.

They allege Canadian authorities acted as “agents” of the Federal Bureau of Investigations and question to what extent the FBI was involved in the “scheme.”

Meng’s defence team wants to see emails and all other communication sent between U.S. and Canadian officials ahead of the arrest. They allege the CBSA used its extraordinary powers to conduct a seemingly covert criminal investigation.

In addition, defence lawyers said the arrest warrant — meant to be executed immediately — held clear instructions for the RCMP, but the CBSA instead detained Meng for hours.

In Kurland’s view, the defence has compelling arguments based on a breach of right to counsel and an abuse of process.

Loading... Loading... Loading... Loading... Loading... Loading...

“There is no oversight watchdog over the CBSA, even though it’s been promised for years. But there is for intelligence services and RCMP,” he said.

Kurland believes the case could set precedent for the CBSA.

“In Canadian legal history, it is very frequent that wealthy people fight for their own advantage and the result is benefits go to the entire Canadian population,” he said.

If Meng’s defence is successful, he said, the border agency will face tighter controls to ensure it respects the Charter of Rights and Freedoms, including the right to counsel for any Canadian or person on Canadian soil.

Lawyer Lisa Jean Helps, who is also not involved in the case, said the CBSA is not required to read your rights before an interrogation.

She explained that the defence is ultimately questioning whether the agency was given an opportunity to interrogate Meng for three hours, knowing she was being arrested, in order to share that information with the RCMP and FBI.

Going after an arrest warrant is “novel” in extradition law, she added. If it was found to be provisionally illegal, Meng would have to be released.

Helps said she has not seen a concurrent civil suit and extradition hearing before and expects the process to take roughly 10 years.

“I am absolutely fascinated by the way in which a Charter remedy is being used to affect a civil remedy,” she said. “This will absolutely be a long process.”

Meng is free on $10-million bail and living in Vancouver in one of her two British Columbia homes. The disclosure hearing will continue this week, and the extradition hearing is expected to begin in January.

Meng’s arrest sparked a diplomatic crisis between Canada and China. Two Canadians have been detained in China on espionage charges — a move widely condemned as retaliation — and Canadian canola, pork and beef exports were halted earlier this year.

With files from The Canadian Press

Read more about: