On Friday, International Affairs Canada issued a statement that Canada’s ambassador to China, Dominic Barton, was allowed to visit the detention facility of Michael Kovrig, one of the two men arrested by China, to speak with him by video. However, the other Michael, Michael Spavor, was not granted consular access this Time.
Information about the two men, who are in their third year of Chinese detention, remains very limited. Media reports indicate that from January to October of last year, the Chinese canceled their consular services, citing the New crown outbreak.
On the other side of the world, Meng, who faces a U.S. extradition case, is asking the court to ease her bail conditions. Her husband and two children arrived in Vancouver late last year to be reunited with her. In the midst of a major Epidemic, any non-Canadian citizen would have to go through special approval by immigration authorities to enter the country.
Former Canadian Ambassador to China Guy Saint-Jacques has commented that Meng has been treated “like royalty.
In an interview with the Voice of America, Toronto-based international human rights lawyer Sarah Teich said it is clear that the Canadian legal system provides a fairer legal process for everyone charged. The two Macs are hostages held by China, and it is horrible that they are not protected by the judicial process.
In response to the latest developments in the Meng case, Chinese Foreign Ministry spokesman Zhao Lijian said again that the case is downright political and urged Canada to release Meng.
When asked about the treatment of the two Macs, he told reporters, “The bell has to be untied, so please tell your government to think about how to untie this bell.”
Sky-high difference in treatment after arrest
On Dec. 1, 2018, Canadian police arrested huawei‘s finance director Meng Wanzhou at Vancouver airport at the request of the U.S. Department of Justice. She immediately hired a strong legal team and a week later was released on C$10 million bail to live in the mansion she owns in Vancouver. Bail conditions included that she would need 24-hour security personnel and wear an electronic tracking device.
In Vancouver, each of Meng’s court appearances attracts a large number of reporters. The way she walks out of her Home and leaves the courtroom, the witness testimonies in the case, and the trial process are all followed in detail by the media.
A few days ago, some media reported that Meng enjoyed VIP private services at high-end brand stores in Vancouver. Just this past Christmas, she chartered a restaurant and invited 13 guests to a party – an apparent violation of local party rules during the new crown epidemic.
Ian Young, a Vancouver-based reporter for the South China Morning Post, has been following Meng’s case for more than two years. He says most Canadians would be very upset to see such news, because it’s natural to think of the two Canadian Macs and the disparity in treatment between the two sides.
Nine days after Meng’s arrest, Chinese police detained former diplomat Kang Mingkai and businessman Mike Spavor in Beijing and Dandong, respectively. But it was only last summer (2020) that something was slowly learned about them.
According to Kang Mingkai’s Family, he had been held in solitary confinement and lacked communication with people; his cell was only 9 square meters; the lights were on all night; and, for a time, he was restricted from reading, which took a toll on his mind.
For their part, Mike Spavor’s family has refused to appear in the media.
It is also known that both men have shown themselves to be strong. Comincke exercises consistently in his cell, walking 7,000 steps a day and doing planks — hoping to stay in shape and actively waiting to regain his freedom. Comincke’s father is seriously ill, and he was allowed to speak with him last March after much campaigning.
Just this past Christmas, two Macs were allowed to speak to their families for 20 minutes — the first time in two years for Mac Spavoro.
Case hearing: open and transparent vs. secretive
The B.C. Supreme Court is currently holding a hearing on easing Meng’s bail conditions. Meng’s husband, Liu Xiaoban, made a rare appearance, saying that the presence of security personnel throughout the day affected the quality of his family reunion with his wife and children. He also pointed out that because Meng had a history of cancer, the frequent relief of security personnel, as well as riding in the same car with her, would increase the likelihood of her contracting the new coronavirus, and therefore requested a reduction in daytime security.
However, the Canadian prosecution argued that the initial bail conditions were reasonable and opposed the change.
In the middle of last year, Meng lost a key “double criminality” ruling. Under Canadian law, only crimes committed in both the United States and Canada qualify for extradition.
The second phase of Meng’s extradition trial, which will continue in March, involves three main parts: Meng’s complaint against the Canada Border Services Agency and police for violating her human rights during her arrest and requesting a stay of extradition; allegations that the U.S. charges against her were politically motivated and misleading to Canada; and, finally, the legality of the Canadian extradition itself.
Yang Yan, a reporter for the South China Morning Post, said he could not predict how long the extradition case would continue, and that a team of experienced Meng’s lawyers would continue the court proceedings on various grounds.
In contrast to the openness and transparency of Meng’s extradition trial, the Chinese side can be secretive about the process of the two Mack cases.
In mid-June 2019, the Chinese filed formal indictments against Kang Mingkai and Mike Sparver. According to the indictment, Kang Mingkai is suspected of “spying on state secrets and intelligence for foreign countries,” while Spafford is suspected of “stealing and illegally providing state secrets for foreign countries.
Since then, there has been no new information about the two men’s cases.
Former Ambassador to China: Cominga Needs Patience and Strength
Kee St. Zach served as Canada’s ambassador to China from 2012 to 2016. In an interview with Voice of America, he said that the Chinese side has now restored monthly consular services for the two Macs, but that this is simply a matter of complying with international regulations and the agreement between Canada and China.
He also revealed that he knows Cummings well, and that it was he who hired him to work at the embassy in Beijing in 2014. In his eyes, Kang Mingkai is a very good diplomat, capable, principled and with good judgment.
St. Zach describes the years he spent as ambassador to China as having dealt with similar incidents. 2014 saw the sudden seizure of Mr. and Mrs. Grant, Canadian missionaries who had lived in China for many years. And the background of the incident was that Canada, at the request of the United States, arrested in Vancouver the Chinese Bin Su, who was accused of stealing U.S. technical secrets.
At the time, among those assisting St. Zach at the Canadian Embassy in this delicate matter was Ming-Kai Kang.
Eventually, Bin Su reached an agreement with the U.S. prosecution and was extradited to the United States to stand trial. The Grants were held for six months and two years, respectively.
St. Zach said, “I believe this experience will make Comincke more clearly aware of what he is facing and prepare himself mentally. He must be patient and strong to face this ordeal.”
The Three M’s: the most sensitive and delicate incident in Canada-China relations
The Three M’s (Meng and the two Mack’s names both start with M) have become the most sensitive and thorny issue in Canada-China relations.
Canadian Prime Minister Justin Trudeau has repeatedly said he is doing everything possible to secure the release of the two Macs. But he has also complained that the Chinese do not understand Canada’s judicial independence and that the government has no right to interfere with justice.
St. Zach said the incident has brought Canada-China relations to a rock bottom and all communication has come to a halt. And the direction of events is very unpredictable.
He noted that in recent days, the Canadian government has turned tough on China, criticizing it on human rights issues in Hong Kong and Xinjiang.
Good Canadians hoped that China would finally return to reason,” St.-Zach analyzed. Now they are finally realizing that this is not possible because China’s current approach comes from its top leaders.”
In an interview, Canadian Liberal MP and Co-Chair of the Canada-China Legislative Association, Dong Hanpeng, on the other hand, called on the Chinese side to release goodwill. He said, “I would love to see, first, that China can improve the current situation of the two Macs’ lives; second, that their proceedings can be transparent and open; and third, that the two Macs can receive consular services on a regular basis.”
In particular, international human rights lawyer Sarah Tee said the situation of the two Macs should make the Canadian government aware of the need for a more aggressive response to the detention of innocent Canadians, including legislative changes that would clearly impose economic and political sanctions on the foreign governments and officials involved.
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