Canada on the World Stage: Extradition and the Case of Huawei

Noor Yassein, Print Editor

August 10, 2020

We are only 7 months into 2020, but there has been a constant stream of life-altering events overflowing in the news cycle everyday. However, there is one event that almost seemed to be forgotten amidst the bustle and one which has the power to define a country that is working to find its place on the international stage. That country is Canada, and the case is the extradition of Huawei executive, Meng Wanzhou. The actions that Canada takes on this case are extremely important in defining the future of our foreign policy. If Canada pursues this case on completely legal grounds without interference from the American or Chinese governments, there is a chance to not only show that we are an independent and strong country unswayed by politics in the pursuit of justice, but that we are willing to stand up to countries like the United States and China in order to do so.

This is a case that has already been made political by the United States and China. China has requested Canada drop this case on multiple occasions, while U.S President Donald Trump stated very early on that he would “certainly intervene if [he] thought it was necessary” in terms of the extradition case while in the midst of a trade negotiation with China. The latest decision by the courts found that the prosecution was successful in satisfying a legal requirement for the extradition of Meng Wanzhou, which led Chinese media to hint at a possible backlash if the ruling did not end up in Meng’s favour. The New York Times reported that the Global Times, a Chinese state-owned tabloid with nationalist tendencies, “warned of ‘resentment’ in China should the judge make a decision that ‘panders to the Trump administration’”. Since the arrest in December 2018, China has also arrested at least 3 Canadians – a man named Robert Lloyd Schellenberg on drug charges, resulting in a death sentence, and two men named Michael Spavor and Michael Kovrig on charges of espionage. The two charged with espionage are still being held, and were officially charged after having been detained over 560 days. Following these arrests, China’s ambassador to Canada stated that “those who accuse China of detaining some person in retaliation for the arrest of Ms. Meng should first reflect on the actions of the Canadian side”. This statement implies that China has not been acting differently than Canada. However, given their belief that Canada was not acting in accordance with the law during the arrest of Meng Wanzhou, it also implies that they were not either. The U.S. also made this a political case when, as stated earlier, President Trump claimed that if it would help the interests of the United States in relation to China, he would be open to intervening in the extradition. 

Additionally, this is a case that is likely to go on for years. According to Boris Bytensky, a legal analyst for CTV News, it is likely that it will make it to the Supreme Court of Canada and that this process would take years. If so, then it is also likely it will not only endure through multiple terms in the Canadian government but also multiple prime ministers. The decision that comes out of this case, as well as any political action taken to ensure it remains in the hands of the independent judiciary, will be linked with more than one prime minister, making it a defining moment in Canadian foreign policy and setting precedents for future cases.

Finally, it is such a vital decision because at the moment, Canada does not have much of a foreign policy. Stephanie Carvin, an assistant professor in International relations at Carleton University, stated that ever since the Harper government, Canada has had “a very heavy risk management culture” in terms of foreign affairs, especially within Global Affairs Canada. This case is a chance to change that and define our foreign policy - for better or for worse. If it is done properly in terms of the law and dealt with separately from politics, even with constant threats from China and struggling diplomatic relations, Canada can and will be seen internationally as a strong, independent, and fair nation that does not cave under pressure. However, should Canada prioritise political relations over the integrity of its judiciary, it will be seen as merely a pawn of either the US or China in the grand scheme of international relations, negatively impacting its image on the world stage. 

Thus, because of the very public threats and comments from the United States and China which turned this case political, and because of the case’s length and Canada’s position as a young country that can make an impression on the world stage, the case regarding Meng Wanzhou’s extradition to the United States is a defining one in the future of Canadian foreign policy and relations and must be treated with the utmost judicial integrity by all involved. 

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