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What exactly is Canada's locus standi on this? Is anyone sanctioned/wanted by US liable to be arrested if they land in Canada? On what charges was the Canadian

What exactly is Canada's locus standi on this? Is anyone sanctioned/wanted by US liable to be arrested if they land in Canada? On what charges was the Canadian warrant issued to arrest Meng?

nucleardog 6y ago
Canada will only extradite for things that would be considered criminal in Canada, and only in cases where the requesting party can provide enough evidence that it could be brought to trial in Canada as well. They also will also consider every decision in the face of Section 7 of the Charter of Rights and Freedoms which provides for a fundamental right to justice and security. If the extradition, or actions post-extradition, would likely violate the person’s rights then they will not be extradited. (So, e.g., will not extradite someone to face the death penalty.) There’s a general overview of the process, checkpoints, appeals, etc here: https://www.justice.gc.ca/eng/cj-jp/emla-eej/extradition.html https://www.justice.gc.ca/eng/cj-jp/emla-eej/extradition.htm... Meng is being charged with fraud for lying to HSBC. It was a point of contention since the representations she made would not have been criminal in Canada (no sanctions). However the actual act of making fraudulent misrepresentations is the crime, and it's criminal in Canada as well. There's some information and a link to the actual court ruling here: https://www.macleans.ca/news/canada/with-the-meng-wanzhou-decision-politicized-process-lives-only-in-chinas-imagination/ https://www.macleans.ca/news/canada/with-the-meng-wanzhou-de...
- billfruit 6y ago
  Yes, but how was her initial detainment by Canada justified? So in effect does it imply that anyone wanted by US can be detained by Canada, and Canada needs to establish legality of it only after the fact?
  - nucleardog 6y ago
    It was justified as any arrest is -- people are generally arrested and then taken to court to have their outcome determined, not the other way around. Your question phrased another way: > "Does it imply that anyone wanted by the government can be detained by the police and the government needs to establish the legality of it only after the fact?" Yes, very much so. I suspect if the US were randomly and wantonly requesting illegal extraditions to harass people located in Canada that Canada would simply stop making provisional arrests pending formal requests for extradition and require the paperwork up front.
  - mthoms 6y ago
    No. The US has to present evidence to a Canadian judge first. Just like any other arrest warrant.

What exactly is Canada's locus standi on this? Is anyone sanctioned/wanted by US liable to be arrested if they land in Canada? On what charges was the Canadian warrant issued to arrest Meng?

nucleardog 6y ago

Canada will only extradite for things that would be considered criminal in Canada, and only in cases where the requesting party can provide enough evidence that it could be brought to trial in Canada as well. They also will also consider every decision in the face of Section 7 of the Charter of Rights and Freedoms which provides for a fundamental right to justice and security. If the extradition, or actions post-extradition, would likely violate the person’s rights then they will not be extradited. (So, e.g., will not extradite someone to face the death penalty.) There’s a general overview of the process, checkpoints, appeals, etc here: https://www.justice.gc.ca/eng/cj-jp/emla-eej/extradition.html https://www.justice.gc.ca/eng/cj-jp/emla-eej/extradition.htm... Meng is being charged with fraud for lying to HSBC. It was a point of contention since the representations she made would not have been criminal in Canada (no sanctions). However the actual act of making fraudulent misrepresentations is the crime, and it's criminal in Canada as well. There's some information and a link to the actual court ruling here: https://www.macleans.ca/news/canada/with-the-meng-wanzhou-decision-politicized-process-lives-only-in-chinas-imagination/ https://www.macleans.ca/news/canada/with-the-meng-wanzhou-de...

billfruit 6y ago
Yes, but how was her initial detainment by Canada justified? So in effect does it imply that anyone wanted by US can be detained by Canada, and Canada needs to establish legality of it only after the fact?
- nucleardog 6y ago
  It was justified as any arrest is -- people are generally arrested and then taken to court to have their outcome determined, not the other way around. Your question phrased another way: > "Does it imply that anyone wanted by the government can be detained by the police and the government needs to establish the legality of it only after the fact?" Yes, very much so. I suspect if the US were randomly and wantonly requesting illegal extraditions to harass people located in Canada that Canada would simply stop making provisional arrests pending formal requests for extradition and require the paperwork up front.
- mthoms 6y ago
  No. The US has to present evidence to a Canadian judge first. Just like any other arrest warrant.