RCMP, CBSA each have mandates to fill, Crown says of Meng’s border screening earlier than arrest

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A lawyer for Canada’s lawyer normal says it was completely affordable for border officers to query Huawei govt Meng Wanzhou earlier than her arrest at Vancouver’s airport in 2018.

Diba Majzub instructed the B.C. Supreme Court docket that Meng’s arrival at a port of entry created a singular context the place each the RCMP and Canada Border Providers Company had mandates to fulfil.

There is no playbook or operations guide that spells out which group ought to go first, he mentioned.

“Someone had to go first,” Majzub instructed the court docket on Wednesday.

“We say their decision was reasonable.”

Majzub made the feedback as he disputed claims from Meng’s authorized staff that Canadian and U.S. officers co-ordinated a covert legal investigation beneath the guise of a routine border examination.

Meng’s attorneys are asking the choose to remain proceedings in her extradition case, arguing her constitution rights had been violated and the RCMP ignored an order within the warrant for her “immediate” arrest.

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The court docket has heard that Meng’s telephones had been seized after she received off a airplane, then she spent three hours in secondary screening earlier than being knowledgeable of her arrest.

Meng is needed on fraud fees in the US based mostly on allegations associated to U.S. sanctions towards Iran that each she and Huawei deny.

After greater than two years of hearings, the B.C. Supreme Court docket case is in its closing phases. Arguments are being heard on abuse of course of allegations earlier than her precise extradition or committal listening to in Could.

Majzub mentioned the border officers made the choice to go first based mostly on their routine expertise and with none path from the RCMP or the Federal Bureau of Investigation.

The RCMP did not ask border officers to conduct an examination, recommend strains of questioning nor ask for Meng’s electronics to be examined, he mentioned.

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“It’s impossible to ascribe nefarious motive to RCMP in deferring to the CBSA at the port of entry when they didn’t seek to gain anything from the process,” Majzub mentioned.

Secondary screening was inevitable for Meng, he argued, as a result of she had been flagged in a CBSA inside lookout system as a result of excellent provisional arrest warrant.

Border officers testified earlier they’d questions on Meng’s admissibility due to the excellent warrant and nationwide safety issues about Huawei from on-line articles.

Each motion taken by border officers served their obligation of trying into these admissibility issues, even those that served a twin objective of helping one other group, Majzub mentioned.

After they secured Meng’s telephones in particular luggage to stop distant wiping, for instance, he mentioned it each assisted legislation enforcement and in addition preserved potential proof for their very own examination.

Meng’s constitution rights had been by no means utilized as a result of it remained a routine border examination, he mentioned.

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“It is not a charter-free zone, but charter rights apply differently in the port of entry context and that is because of the crucially important role that CBSA officers play at the border in ensuring Canada’s security.”

This report by The Canadian Press was first printed March 24, 2021.