OTTAWA—The dispute between Canada and China escalated further Wednesday after the Chinese government rejected Canada’s appeal for clemency for Robert Lloyd Schellenberg, who faces the death penalty there after his 15-year jail sentence on drug trafficking charges was suddenly increased.

At a news conference in Beijing, foreign ministry spokesperson Hua Chunying dismissed Canada’s criticism of a hastily convened judicial appeal in northeast China on Monday, during which Schellenberg was ordered to face execution.

Hua called it “highly irresponsible” of Prime Minister Justin Trudeau to describe China’s trial as “arbitrary,” according to an English transcript posted on the government website. She said the Chinese court is independent, acted according to its rules and its decision on Schellenberg would stand.

However, several prominent human rights lawyers in China questioned the haste with which the sentence was handed down, the introduction of dubious new evidence at a retrial, and the more severe sentence levied in apparent contradiction of rules designed not to deter defendants from appealing.

In comments published on ChinaChange.org, Schellenberg’s lawyer Zhang Dongshuo said there was insufficient evidence to justify the severity of the increased sentence, and that he expected to file an appeal.

“We have never seen any precedent for this case, in which the death penalty was announced at the hearing,” said well-known human rights lawyer Mo Shaoping, who also acted for the Canadian man.

Foreign Affairs Minister Chrystia Freeland had directly conveyed Canada’s request for clemency to Beijing’s ambassador in Ottawa, calling the death penalty “inhumane and inappropriate.”

But Hua appeared to toss back in Canada’s face Trudeau’s defence of Canada’s arrest of Huawei executive Meng Wanzhou on an extradition request from the U.S. She said China’s government would not interfere in the judicial proceedings against Schellenberg.

“China is a country governed by law. In accordance with the provisions of the constitution, the people’s courts and the people’s procuratorates shall independently exercise the judicial and procuratorial powers respectively in accordance with the provisions of the law, free from any interference from administrative organs.”

China’s rejection of Canada’s plea comes as the U.S. State Department slammed China’s death sentence against the Canadian man as “politically motivated” and reinforced the Trump administration’s intention to seek the extradition of Meng, who is wanted in the U.S. on fraud charges.

A U.S. readout of a Tuesday phone call between U.S. Secretary of State Mike Pompeo and Freeland said they “expressed their concerns about the arbitrary detentions and politically motivated sentencing of Canadian nationals.

“They noted their continued commitment to Canada’s conduct of a fair, unbiased, and transparent legal proceeding and U.S. extradition request with respect to Ms. Meng Wanzhou, the chief financial officer of Huawei.”

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Meng’s arrest Dec. 1 in Vancouver by the RCMP is believed to have set in motion tit-for-tat detentions of two Canadian men, former diplomat Michael Kovrig and businessman Michael Spavor, as well as the tougher sentence meted out to Schellenberg.

The Star has learned the U.S. Department of Justice has not yet sent the formal documents in support of the extradition request. It has until Jan. 30 to do so.

John McCallum, Canada’s ambassador to China, briefed federal cabinet ministers Wednesday as they gathered in Sherbrooke, Que., for a retreat.

As he headed into that session, McCallum said that “our work is consumed every day” by the cases of the detained Canadians.

“My first priority by far is to do everything in my capacity to secure the release of the two Michaels as quickly as possible and to help save the life of Mr. Schellenberg,” McCallum told reporters.

McCallum said he has visited all three Canadians, spoken with their families and plans to speak with Schellenberg’s father on Thursday.

“I am determined to do what I can and there are various things we are doing to secure their release and his life,” he said.

Two Canadian officials told the Star the only signals from American officials are that the U.S. office of international affairs will meet the deadline despite the ongoing shutdown of most government operations in Washington, D.C.

Meng is currently out on bail, but obliged to remain in Vancouver until her next hearing, which is scheduled for Feb. 6.

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Hua was pressed by reporters to give a direct answer to the clemency request. She pointed to the “severe harm” to Chinese society caused by drug smuggling going back to the Opium War of the 1840. She said Schellenberg had legal representation at a fair hearing, and pointed at the irony of Canada requesting China’s government interfere on Schellenberg’s behalf.

“Chinese judiciary’s conviction is just, while the relevant remarks of the Canadian leader is apparently somewhat arbitrary and would taint the image and reputation of Canada,” she said. “We hope that they will respect the rule of law and China’s judicial sovereignty.”

While the foreign ministry spokeswoman did not directly mention Meng by name, her arrest in Vancouver infuriated the Chinese.

Beijing continues to demand Meng’s immediate release, saying she should not have been detained while in transit from Hong Kong to Mexico and has committed no offence in Canada. China’s ambassador in Ottawa, Lu Shaye, claimed western “white supremacy” is motivating a “double standard” at work in her case.

Canada and China have now each cautioned their citizens about travelling in the other country, warning about “arbitrary” imposition of local laws in a diplomatic dispute that has rapidly escalated.

Hua said China has “made clear” the facts, circumstances and gravity of Schellenberg’s case. She also referenced Canadian media reports of Schellenberg’s prior drug convictions in Canada.

“Drug crime is world-recognized felony with great harm to the society. All countries crack down on it severely. The real spirit of the rule of law indicates that everyone is equal before the law. Canada has been repeating that it is a law-abiding country. We hope that it could earnestly take some concrete actions to show its respect for the rule of law.”

John Kamm, a U.S. businessman who founded Dui Hua, a prisoner’s rights advocacy group based in San Francisco, said China’s statement is “a stock response” and not surprising, but it does not mean Schellenberg’s cause is lost.

Kamm said an appeal can provide time for the “temperature to be lowered” on China-Canada tensions, during which Schellenberg’s death sentence stands a chance of being reduced to death with a two-year reprieve. He called it a “uniquely Chinese” sentence that would be a “smart move” for China, while Canada should continue to enlist allies to publicly and privately protest China’s actions, especially given the increased use of exit bans in that country.

China is angered by Canada’s effort to engage allies to make statements criticizing its actions.

Freeland thanked Germany, France, the Netherlands, the European Union, the United States, Britain, Australia, Estonia, Lithuania and Latvia for “publicly coming out and speaking against these arbitrary detentions,” calling their support “very important.” Trudeau raised the cases of Kovrig and Spavor with leaders of Argentina and New Zealand.

The Globe and Mail reported that China’s aggressive questioning of Kovrig about his past work as an employee of Canada’s embassy in Beijing is what prompted Trudeau’s harsh criticism that China is not only acting arbitrarily but also violating diplomatic immunity.

Kovrig was on leave from Global Affairs Canada and working at a non-governmental organization as a researcher for International Crisis Group when he was arrested in December after Meng’s arrest. International conventions on diplomatic immunity bar interrogations of foreign diplomats for their work even after they’ve left office.

China claimed Kovrig has no immunity because he travelled on his regular passport, not a diplomatic document.

On Wednesday, Hua was dismissive about international support for Canada in the dispute.

“Actually, you can count by the fingers of your hand the few allies of Canada that chose to side with it on this issue,” she said. These several countries can by no means represent the entire international community.”

With files from Bruce Campion-Smith

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