Huawei CFO Meng Wanzhou is back in court Wednesday as the Crown resumes defending the procedures used by the RCMP and the Canada Border Services Agency (CBSA) in arresting the executive after a three-hour detention on Dec. 1, 2018.
Prosecutors began the day as they finished Tuesday’s proceedings — by arguing that the fact the CBSA held Meng for three hours and collecting her cellphone and password was in accordance with a routine border check procedure and not part of a “nefarious“ scheme to violate Meng’s charter rights.
The Crown did reveal a small bombshell late Tuesday, admitting the CBSA passed Meng’s electronic devices and password to the RCMP in error. But the Crown added that the CBSA has asked the RCMP to return the device, adding that neither the RCMP nor the FBI has had a chance to access Meng’s devices.
Additionally, Crown counsel clarified that it was the requesting state (U.S. authorities) who requested the seizure of Meng’s devices and the placement in a bag resistant to remote tempering.
“Ms. Meng is the CFO of one of the world’s largest wireless technology companies, capable of wiping the devices remotely,” Crown counsel said. “It seems reasonable to have that request given the risk.”
Crown counsel also noted precedents where — in the cases of extradition requests — committal judges may not have the authority to order additional information from the requesting state. Crown counsel again emphasized there has been no evidence of the FBI directing the RCMP or the CBSA in their arrest of Meng.
The hearing has been adjourned for the day while Meng’s defence considers its response to Crown counsel.
More to come.