The Niagara Falls Review

With Trump gone, it’s time to resolve Meng Wanzhou and bring our Michaels home

- TIM ARMSTRONG Tim Armstrong, a lawyer, is former agent general for the Asia-Pacific Region and a deputy minister in the Davis, Peterson and Rae government­s.

It is hoped that the arguments in support of Ottawa’s deep concerns, ignored by Trump, will be positively received by the Biden administra­tion

What are the advantages for Canada of the electoral defeat of the pathologic­al, narcissist­ic U.S. President Trump, and his replacemen­t by president-elect Biden?

There are many, prominent among them support for the release of the two Canadians, Michael Kovrig and Michael Spavor, both seized and cruelly imprisoned by China in retaliatio­n for Huawei executive Meng Wanzhou’s arrest by the RCMP pursuant to Trump’s extraditio­n demand.

The Trudeau government has so far resisted interventi­on in the resulting extraditio­n court process, contending that to do so would contravene Canada’s rule of law and our judicial process.

This position ignores provisions in the Extraditio­n Act which permit the Minister of Justice at any time to withdraw the court’s authority to proceed, in which case the court is required to discharge the person in detention.

Moreover, the court case is about to enter its third year of hearings. Perhaps the prime minister, with his repeated concerns for judicial process, should reread the Canadian Senate’s 2017 211-page report, “Delaying Justice is Denying Justice.”

But to get back to the significan­ce of Trump’s electoral defeat. The receipt of the U.S. 2018 extraditio­n demand is said to have posed difficult problems for the Trudeau government.

In 2014, a similar U.S. demand, accepted by Canada, for the extraditio­n of a Chinese resident resulted in the abduction by China of two married Canadian missionari­es, the Garretts, the wife for six months and the husband for two years. However, if Canada were to have denied the 2018 U.S. extraditio­n demand, there was a real concern of a broad punitive Trump trade and tariff response. In retrospect, given these conflictin­g possible outcomes, it is persuasive­ly arguable that the government made the wrong choice.

In any event, the irrational, populist Trump is on the way out. Some of the evidence of his true, offensive and irrational motivation is set out below.

Will the Biden government be open to a reasonable, prompt and humane resolution — namely, the withdrawal of the extraditio­n demand?

On Dec. 11, 2018, Trump told Reuters that he would “certainly intervene” in the Meng case “if I thought that it was necessary to help forge a trade deal with China” — a remarkable admission of the true, impermissi­ble purpose of his extraditio­n demand.

According to a Globe and Mail report, “U.S. officials knew on Nov. 29 that Ms. Meng would be on the Cathy Pacific Flight but waited until Nov. 30 to ask Canada to arrest her when she arrived in Vancouver on Dec. 1 ...” Sandy Garossini, in the National Observer, contends that this timing was deliberate­ly designed to strengthen Trump’s position in trade talks occurring on that very date with China’s President Xi Jinping at a G20 meeting in Buenos Aires.

Garossini, myself and others have also pointed out that the U.S. has traditiona­lly only charged corporate entities, and not individual­s for violating its Iran sanctions, and that Meng’s company, Huawei, in accordance with normal practice, should have been charged on its own.

In addition, counsel for Meng have several evidentiar­y contention­s still to be fully presented in the prolonged B.C. Court proceeding­s including the following:

The allegation that the threehour questionin­g of Meng by the Canada Border Services Agency (CBSA), prior to the RCMP interventi­on without granting her a lawyer, was a denial of her Charter rights.

The assertion that the alleged seizure by the CBSA of Meng’s phones and their passage to the FBI, along with private technical data, was illegal and violated the Extraditio­n Act.

The allegation that her questionin­g by CBSA and subsequent arrest by the RCMP, fully communicat­ed to the Trump team, was a plan orchestrat­ed by the U.S. to covertly gather evidence in support of the U.S. charges against her, in violation of Meng’s rights.

It is hoped that the arguments in support of Ottawa’s deep concerns, ignored by Trump, will be positively received by the Biden administra­tion. The Canadian objective should be to obtain the withdrawal of the phoney, Trump-inspired chaotic extraditio­n nightmare, putting Canada in a solid, Biden-supported position, to bring the long-suffering Canadian victims home as soon as possible.

Newspapers in English

Newspapers from Canada