British Columbia's Superior Court Associate Chief Justice Heather Homes found Meng Wanzhou's to have an issue of double criminality. She ruled that the US sanctions against business dealings of the Huawei chief financial officer with Iran were warranted and that the effects thereof correctly play a role in the findings of the case.
Justice Holmes found Meng's actions as tantamount to double criminality, citing the violation of fraud under s. 380(1)(a) of the Canadian Criminal Code. The decision also read that the question on the matters relating to the case would be determined at the later stage in the criminal proceeding to be held in Canada.
The judge sided with the Canadian justice department and found that the standards relating to the violation were met in the case. The proceedings would resume and be scheduled for next month. Her decision read that the domestic prosecution of Meng could properly be held in Canada since the basis fo the false statements were made in the country. She also noted Meng put a US bank at economic risk when she engaged with Iran, thereby violating the US sanctions.
She also noted that the findings relied indirectly on the effects of US law. The 'legal character' of the parties involved in the case relating to foreign acts was recognized as fixed by the foreign jurisdiction and that the same was transposed with relevant aspects to which they were committed.
It was also highlighted that the conduct alleged by the US in the extradition of Meng was, in fact, considered a crime under Canadian law. The double criminality decision was then regarded as the preliminary step in deciding the extradition case against Meng. Hence, the case would proceed.
The ruling, however, does not prove the guilt or innocence of Meng. The accused also claimed that she was unlawfully detained in Canada and that officials searched and interrogated her at the border when she was arrested last December 1, 2018. These claims were also considered by the court and would be covered in the course of the proceedings this summer.
The decision to continue the case in Canada manifested political implications for the country, along with the US and China. Last Wednesday, China's government called the ruling of the judge as a grave political incident in a statement published at the Chinese Embassy in Ottawa's Twitter account.
The statement also read that another hearing would be conducted later in the year. The upcoming hearing would determine if the evidence relating t the case constitutes fraud on the part of Meng and whether the test of committal proves a violation against the Extradition Act.
