Prosecutors find Meng’s rights violated, but not enough to overturn extradition

huawei CFO Meng Wanzhou’s legal team used various legal procedures to avoid her extradition to the United States

Robert Frater noted that if a violation of Section 8 of the Charter of Human Rights occurs, the court may resolve the issue by excluding the relevant evidence rather than finding the entire extradition case invalidated as a result.

Section 8 of the Canadian Human Rights Charter protects individuals and personal effects from unreasonable searches and seizures.

Meng’s legal team asked B.C. Superior Court Judge Heather Holmes to invalidate Meng’s extradition under Section 8 of the Human Rights Charter on the grounds that Meng was unreasonably questioned and searched at Vancouver International Airport on December 1, 2018 by Canada Border Services Agency officers for an extended period of Time and that the information obtained was disclosed to the RCMP; and that the warrant in the hands of the police at the time called for Meng’s arrest upon her entry into the country. The warrant in hand called for Meng’s immediate arrest upon her arrival.

The U.S. judiciary has charged Meng Wanzhou, the chief financial officer of Huawei, with fraud against a commercial bank and has asked Canada to arrest and extradite her to the United States.