Meng Wanzhou's lawyers seek classified documents in extradition case

The defense team for Huawei Chief Financial Officer Meng Wanzhou is seeking classified documents in her fight against extradition to the United States, believing that she was the victim of a conspiracy between American and Canadian justice departments.

Lawyers for Meng argued in BC Supreme Court on Monday for the Canadian attorney general to disclose more confidential and unredacted documents relating to her arrest in Canada on the extradition request from the US in 2018.

The classified documents already have been released by Canadian Security Intelligence Service (CSIS) in a heavily redacted format as part of the proceedings.

In a virtual federal court hearing in late July, Meng's lawyers demanded the publication of the complete versions that had been redacted before and after her arrest, as well as plans regarding her arrest and information-sharing.

Lawyers representing the Minister of Justice and Attorney General of Canada (AGC) handed over some documents requested by Meng's lawyers, but have declined to release others based on legal privilege. Canadian Foreign Ministry officials have said that disclosing the sensitive information could further damage Canada-China relations.

Meng's lawyer Scott Fenton argued on Monday that the AGC is using redaction and withheld evidence to defend Meng's detention, as both a "sword" against her lawyers and "shield" protecting its side.

"There's an inconsistency and unfairness in how the AGC has produced certain documents," he said.

According to the court documents, only 400 among many initial documents were released in February in response to an order from Associate Chief Justice Heather Holmes, and most of those sought concern communications between Canadian and US agencies prior to and after Meng's arrest.

Richard Kurland, a Vancouver immigration lawyer who has followed the proceedings, said the disclosure could prove "crucial" to Meng's defense.

"The line here is how much information ought to be revealed in order for the defence to know the case they have to meet and mount their defence, counterbalanced against the right of the state to conduct clandestine service. That's quite a difficult balance in a case like this," Kurland said to CBC News.

Meng is charged with violating US sanctions against Iran. The US used a presentation she made to HSBC in 2013 to allege that she lied about Huawei's relationship to Skycom, putting the bank at risk of breaking American sanctions against Iran.

John Bellinger, a lawyer who advised the administration of former president George W. Bush, said that the US omitted key statements by Meng in order to support its extradition case.

According to Bellinger, the US authorities left out that Meng clearly told the bank that Huawei worked with Skycom in Iran, and the assertion that Meng's alleged misrepresentation would have put the bank in legal jeopardy isn't supported by past US government practice.

Meng's lawyers claim she is being used as a "political pawn" by US President Donald Trump. Many observers also believe the arrest of Meng to be a political exercise designed to put pressure on China as part of the ongoing trade war between the US and China.

Jeffrey Reeves, vice-president of research at the Asia Pacific Foundation of Canada, said Canada should not be a scapegoat for the US administration.

"The Trump administration has bullied Canada with tariffs, threatened Canada over Huawei, and placed Canada in a very untenable situation with China in respect to Meng's extradition case," said Reeves. "I think far from (serving) Canada's interest, alignment with the US would not only harm Canada's relations with China, it would also limit its room in the broader Asia Pacific."

China once again urged Canada to immediately release Meng and let her return to China safely.