The Chinese tech executive at the centre of a high-profile international extradition case is seeking to have her case thrown out.
Lawyers for Meng Wanzhou, chief financial officer for Chinese telecom giant Huawei, told the the B.C. Supreme Court in Vancouver Wednesday that she is the subject of an abuse of process by border officials, RCMP, the FBI and the government of Canada.
Meng was arrested at Vancouver International Airport on Dec. 1 at the request of U.S. authorities.
WATCH: Huawei Canada spokesperson details problems with case
She stands accused of violating U.S. trade sanctions against Iran by allegedly misrepresenting Huawei’s ownership and control of Skycom, a company doing business in the Middle Eastern country.
Speaking outside the court, Huawei Canada’s vice-president of media affairs Benjamin Howes said the application to toss the case was based on three key arguments.
Howes said Meng had not actually broken sanctions against Iran, as alleged by U.S. authorities, and had been clear and above board about Huawei’s relationship with Skycom.
He further argued that Meng had been the subject of “serious and repeated violations” of her charter rights at the direction of the FBI and at the hands of Canadian authorities.
“The RCMP intentionally delayed the presentation of the arrest warrant in order to carry out the unlawful detention and search against Ms. Meng,” Howes said.
“This was done under the pretense of a routine border check.”
Meng’s legal team will further argue the sanctions on financial services she is accused of violating are not imposed in Canada, meaning the case does not meet the “double criminality” requirement of Canada’s extradition agreement with the U.S., and is therefore not lawful, Howes said.
WATCH (March 6, 2019): Huawei CFO’s legal team continues fight against extradition
In court, Meng’s lawyer Scott Fenton also argued that comments by U.S. President Donald Trump prove the case is politically motivated.
The U.S. and China have tried to keep Meng’s case separate from their trade dispute, although Trump has said he would consider intervening in the case if it would help forge a trade deal with Beijing.
Fenton called Trump’s comments “intimidating and corrosive of the rule of law.”
WATCH: Huawei CFO Meng Wanzhou back in court
Wednesday’s court appearance also saw Meng granted the right to move to a home she owns in Vancouver’s posh Shaughnessy neighbourhood.
The 46-year-old has been living at another of her two multimillion-dollar Vancouver homes on a $10-million bail. She is also under 24-hour surveillance by a private security company as well as electronic monitoring.
WATCH (March 4, 2019): Does Meng have a strong case against U.S. extradition?
The Canadian government has refused to intervene in the case, citing the rule of law.
While Meng fights her extradition, she has also launched a lawsuit against the federal government, the Canada Border Services Agency and RCMP.
Meng claims Canada violated her constitutional rights when officers detained and questioned her for three hours at Vancouver International Airport before notifying her of her arrest.
WATCH (March 3, 2019): Huawei CFO launches civil lawsuit against Canadian agencies
The United States is now putting pressure on its British ally to stop the Chinese telecom from establishing a 5G network in the U.K.
Speaking in London, U.S. Secretary of State Mike Pompeo invoked the politics of Margaret Thatcher.
“”Ask yourself this: Would the Iron Lady be silent when China violates the sovereignty of nations through corruption and coercion?,” he said.
“Would she allow China to control the internet of the future?”
Careful not to anger China, the British government would only say that there is no final decision on the matter.
Canada is already facing Beijing’s wrath.
Since Meng’s arrest, two Canadians — ex-diplomat Michael Kovrig and entrepreneur Michael Spavor — have been detained in China in apparent retaliation.
Trade issues have also become strained with China blocking imports of Canadian pork and canola.
—With files from Robin Gill the Canadian Press, the Associated Press and Reuters
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