Meng’s extradition not slam dunk

MCCALLUM GOOFED, BUT WASN’T WRONG: EXPERTS

Canada’s former ambassador to China might have committed an irredeemable diplomatic gaffe when he publicly mused about Meng Wanzhou’s chances of avoiding extradition to the United States, but that doesn’t mean John McCallum was wrong in his assessment, legal and national security experts say.

Meng, Huawei’s chief financial officer, is currently free on bail in Vancouver, accused of violating U.S. sanctions on Iran, facing fraud and conspiracy charges and awaiting extradition south of the border — an outcome that’s a long way from a slam dunk, McCallum suggested last month when he rattled off a list of grounds on which Meng could stand her ground.

McCallum lost his job over the blunder. But his list — the spectre of political interference, the extraterritorial nature of the alleged crimes and the fact Canada is no longer in lockstep with the U.S. on Iran — wasn’t far off the mark, said Henry Chang, a Toronto-based immigration lawyer and specialist in cross-border issues.

“At least two out of the three arguments that John McCallum raised could theoretically be argued in support of Meng Wanzhou’s release, either during her extradition hearing or in submissions to the minister of justice,” Chang wrote in an analysis released Monday.

“He should never have commented on whether those arguments would ultimately be successful. In doing so, John McCallum created the perception that the extradition process could be affected by political influence.”

A 13-count grand jury indictment accuses the company and Meng, the daughter of Huawei founder Ren Zhengfei, of misrepresenting their ownership of Hong Kong-based subsidiary Skycom between 2007 and 2017 in order to circumvent the sanctions. The company’s U.S. branch is also accused of stealing trade secrets and equipment from cellphone provider T-Mobile USA.

Meng, who was arrested at the Vancouver airport Dec. 1 at the behest of U.S. authorities, is charged with bank fraud, wire fraud and two counts of conspiracy to commit both. Huawei and Skycom are charged with bank fraud, wire fraud, conspiracy and violating the U.S. International Emergency Economic Powers Act — the sanctions law.