The ruling, which was tried on the basis of “double jeopardy”, means that the Chinese tech executive must remain in Canada and continue to fight the US extradition order.
Meng Wanzhou Loses Lawsuit, Must Stay in British Columbia, Fight Extradition
Although the court’s decision looks like a serious loss to it – and by extension, to China – experts say Wednesday’s decision remains in the middle of the first chapters of what could potentially be a long and long struggle.
Paul Evans, a professor at the University of British Columbia specializing in global affairs, said that it was certainly not the end of the “extradition problem”.
“It’s like a Canadian hockey game with three periods and we just finished the first, and there will be a technical call before we even get to the second period,” said Evans.
Huawei executive loses first court battle against extradition to the United States
“It’s going to be a long-term legal process that will complicate matters.”
Evans’ comparison of the length of the case versus the length of a hockey game is not too far off.
The Department of Justice Canada defines Wednesday’s ruling, which Meng is allowed to appeal, as the second in three stages of the entire extradition process.
Experts say China can’t take revenge on Canada for Meng Wanzhou ruling
According to a legal expert, this last phase could prolong the case by up to two years, if the procedure were to last until the end.
According to Gary Botting, a British Columbia-based lawyer and one of Canada’s leading extradition experts, the next step Meng would take is likely to be a hearing conference in early June, the first part of a call.
After that, June 15 remains the next scheduled hearing date for the case. The Huawei executive would have another chance to fight for his release based on the violation of his rights during his arrest.
China outraged by British Columbia judge’s decision on Meng’s extradition case
Botting said a win could then result in a stay, but argued that the possibility of staying was likely “gone with this decision today”.
“It will probably go … in the fall for the basic summary and audience and the decision whether or not she is engaged,” he said.
The court decision could then refer the case in two directions: if it turns out that Meng did not commit a crime warranting his extradition to the United States, he could be sent back.
Beijing denounces decision in Meng Wanzhou case, widening the Chinese-Canadian divide
If found guilty, this decision and that of Wednesday will most likely be brought before the court of appeal, which could prolong the case by 30 days. The case is now being referred to the Ministry of Justice, which could take up to 60 days to respond.
Finally, the Minister of Justice could then choose to return Meng to the United States, adding another six months of proceedings if she chooses to appeal.
“If everything goes against Ms. Meng, then you can expect to be brought back to the Supreme Court in about two years,” said Botting.
The judge decides that the case of Meng’s extradition to the United States should continue
The length of Meng’s extradition has since been a problem due to the imprisonment of two Canadians in China, Michael Kovrig and Michael Spavor.
The two have since been detained in Chinese prisons without access to family or lawyers as part of what are believed to be reprisals for Meng’s arrest by the RCMP in December 2018.
A statement from the Chinese Embassy to Canada also denounced the decision, saying that China “expresses its deep dissatisfaction and firm opposition” to the decision.
“The United States and Canada, by abusing their bilateral extradition treaty and arbitrarily taking drastic measures against Ms. Meng Wanzhou, have seriously violated the legitimate rights and interests of the Chinese citizen,” the statement said.
“The United States’ goal is to bring down Huawei and other high-tech Chinese companies, and Canada has acted in the process as an accomplice of the United States.
“The whole thing is entirely a serious political incident.”
– With Abigail Bimman files
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