Is this legal? No farangs welcome...

[webfact]

Huawei CFO suing Canada over December arrest

 

FILE PHOTO: Meng Wanzhou, Executive Board Director of the Chinese technology giant Huawei, attends a session of the VTB Capital Investment Forum "Russia Calling!" in Moscow, Russia October 2, 2014. REUTERS/Alexander Bibik/File Photo/File Photo

 

OTTAWA (Reuters) - The lawyers for Huawei Chief Financial Officer Meng Wanzhou are suing the Canadian government, its border agency and federal police, alleging their client was detained, searched and interrogated for three hours in violation of her constitutional rights.

 

Canada arrested Meng in Vancouver on Dec. 1 at the request of the United States, which has brought sweeping charges against her and China's Huawei Technologies Co that portray the company as a threat to U.S. national security. Meng was charged with bank and wire fraud to violate American sanctions against Iran.

 

In a civil lawsuit filed in the British Columbia Supreme Court on Friday, Meng's lawyers said the manner in which officers obtained evidence and information from Meng constituted serious violations of the Canadian Charter of Rights and Freedoms. Meng is the daughter of Huawei's founder.

 

It added that Canadian Border Services Agency (CBSA) officers deliberately delayed the immediate execution of an arrest warrant and unlawfully subjected Meng to detention, search and interrogation to extract evidence from her before she was arrested.

 

The Royal Canadian Mounted Police - Canada's federal police - only exercised its arrest warrant three hours after Meng's "unlawful" detention at the airport, the lawsuit added.

 

There was no immediate response from Canada's justice ministry or the RCMP. The CBSA said it did not comment on matters before the courts.

 

Meng, who is out on bail, is due to appear in a Vancouver court at 10 a.m. PST (1800 GMT) on Wednesday, when a date will be set for her extradition hearing. The Canadian government approved her extradition proceedings on Friday.

 

China, whose relations with Canada have deteriorated over the affair, denounced Canada's decision on Friday and repeated previous demands for Meng's release.

 

The lawsuit further alleged that Meng was directed to surrender all her electronic devices, computers and passwords and that CBSA officers then unlawfully opened and viewed the contents of the seized devices in violation of her right to privacy.

 

CBSA officers also searched Meng's luggage in violation of the right to privacy, the lawsuit said. "The CBSA Officers knew or were recklessly indifferent to the fact that they had no authority to conduct such a search, which search was performed under the false pretense of a routine customs or immigration related examination," according to the lawsuit.

 

(Reporting by Julie Gordon and David Ljunggren in Ottawa; Writing by Denny Thomas; Editing by Peter Cooney)

 

-- © Copyright Reuters 2019-03-04

[DoctorG]

Laughable that the Chinese will use the democratic laws of a country for their own ends but will deny even basic legal rights in their own country.

[kamahele]

While I'm not familiar with Canadian law, I don't believe one has the right to privacy when in customers and immigration requesting to enter the country.

[Srikcir]

I'm not familiar with Canadian laws, but filing a CIVIL lawsuit to negate a CRIMINAL investigation and judicial review seems counterproductive, if not inappropriate.

Apart from a civil lawsuit that addresses only liability from an alleged wrongful action through compensatory award -

As she is in an appeals process for her extradition hearing before a Canadian Court, that would seem to be the time and place for appropriate legal venue to challenge the constitutionality of her arrest, ie., failure to follow due process of law.

[mamypoko]

Ironically, making use of the judicial process is inadvertent approval of the same.

 

I'm looking forward to a James Bond, commando like extraction.

 

[Kasset Tak]

4 hours ago, mamypoko said:

Ironically, making use of the judicial process is inadvertent approval of the same.

 

I'm looking forward to a James Bond, commando like extraction.

 

If it was for example Bill Gates under same circumstances (being extradited to China) in say for example South Korea... then US would have the fleet parked outside South Korea and deploy US marines to get him back to US.

Huawei needs to block all usage of their 5G patents (10% of the essential patents for 5G technology) in US, Canada, and by US companies such as Apple... that would be nice to see... Iran having a state of the art 5G network (supplied by Huawei) and US stuck in 4G for a foreseeable future or maybe it will become like in the past, when all countries in the world used 1 version of 1G mobile networks while US had their own version of 1G supported basically only by US companies?!

[johng]

11 minutes ago, Kasset Tak said:

maybe it will become like in the past, when all countries in the world used 1 version of 1G mobile networks while US had their own version of 1G supported basically only by US companies?!

Trump would like that I suppose... Lots of jobs for Americans  reinventing the wheel.

[Mavideol]

7 hours ago, DoctorG said:

Laughable that the Chinese will use the democratic laws of a country for their own ends but will deny even basic legal rights in their own country.

unfortunately that happens on a regular basis and the west let them get away with it, when and where convenient they always use the democracy card for their own benefit

[Mavideol]

23 minutes ago, Kasset Tak said:

If it was for example Bill Gates under same circumstances (being extradited to China) in say for example South Korea... then US would have the fleet parked outside South Korea and deploy US marines to get him back to US.

Huawei needs to block all usage of their 5G patents (10% of the essential patents for 5G technology) in US, Canada, and by US companies such as Apple... that would be nice to see... Iran having a state of the art 5G network (supplied by Huawei) and US stuck in 4G for a foreseeable future or maybe it will become like in the past, when all countries in the world used 1 version of 1G mobile networks while US had their own version of 1G supported basically only by US companies?!

north korea had otto wambier for quite some time, did the US parked it's fleet? it appears that China has some US prisioners, did they park the fleet outside, that's non sense and who gives a dam about huawei 5g, did they invented anything without copying it from the competition

 

[SpaceKadet]

3 hours ago, Kasset Tak said:

If it was for example Bill Gates under same circumstances (being extradited to China) in say for example South Korea... then US would have the fleet parked outside South Korea and deploy US marines to get him back to US.

Huawei needs to block all usage of their 5G patents (10% of the essential patents for 5G technology) in US, Canada, and by US companies such as Apple... that would be nice to see... Iran having a state of the art 5G network (supplied by Huawei) and US stuck in 4G for a foreseeable future or maybe it will become like in the past, when all countries in the world used 1 version of 1G mobile networks while US had their own version of 1G supported basically only by US companies?!

Yeah, let them block their patents, better yet, let them be kicked out from US altogether....

 

You seem to ignore a little known fact that 55% of 5G in US is actually supplied by the 5G technology leader worldwide. A small company from Sweden by the name of Ericsson, with Nokia being close second. Who needs Huawei worldwide? Certainly not the West! 

[Ulic]

4 hours ago, Kasset Tak said:

If it was for example Bill Gates under same circumstances (being extradited to China) in say for example South Korea... then US would have the fleet parked outside South Korea and deploy US marines to get him back to US.

Huawei needs to block all usage of their 5G patents (10% of the essential patents for 5G technology) in US, Canada, and by US companies such as Apple... that would be nice to see... Iran having a state of the art 5G network (supplied by Huawei) and US stuck in 4G for a foreseeable future or maybe it will become like in the past, when all countries in the world used 1 version of 1G mobile networks while US had their own version of 1G supported basically only by US companies?!

And IF a pig had wings it would be an eagle. The difference is, She broke the law, and should be held accountable, Bill Gates has not. As for patents, China has copied/stolen US technology for decades. I have a friend who ran the Bell Mobility (Canada) research department where they would tear products apart and test them for compatibility. He told me it was shocking how much Chinese product was 100% ripped off technology. It wasn't his issue, he just reported on if worked and was compatible with their infrastructure) I would love to see the US copy Chinese technology and then thumb their noses at the Chinese. Quid pro Quo. 

[Stargeezr]

I think the woman should also go after the top of the Canadian government on a personal level.

  He has not done a thing with the ISIL returnees, lets in thousands of people as refugees who will not contribute to our society for years, sends Canadian money to other countries, who will likely never repay a cent of it. I know sour grapes but, I have no respect for the Canadian leader, or some of his political party.

Geezer