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British Columbia

Meng Wanzhou files civil claim against CBSA, RCMP and federal government

Meng Wanzhou has filed a civil claim against members of the Canada Border Services Agency, the RCMP and the Government of Canada, alleging "serious breaches of her constitutional rights" when she was detained, searched and interrogated at Vancouver International Airport in December.

Huawei CFO alleges 'serious breaches of her constitutional rights'

Huawei CFO Meng Wanzhou leaves her Vancouver home to attend a court appearance regarding her bail conditions. (Darryl Dyck/Canadian Press)

Meng Wanzhou has filed a civil claim against members of the Canada Border Services Agency (CBSA), the RCMPand the federal government, alleging "serious breaches of her constitutional rights" when she was detained, searchedand interrogatedat Vancouver International Airport in December.

In the claim, filed Fridayin B.C. Supreme Court, the embattled Huawei CFO says she isseeking damages for "misfeasance in public office and false imprisonment."It says Meng was held for three hours without explanation and without access to a lawyer beforean RCMP constable told her why she was arrested.

Italleges that Meng has suffered "mental distress, anxiety, and loss of liberty" as a direct result of her detention at the airport.

Meng, who is the daughter of Huawei'sfounder, was arrested onDec. 1, 2018, while in transit to Mexico andSouth America.

She was arrested onsuspicion of fraud involving violations of U.S. sanctions on Iran, and American prosecutors arefighting for her extradition. American prosecutors claim she and otherHuaweiexecutives have been avoiding the United Statessince learning of an investigation into their activities.

Claim alleges arrest intentionally delayed

The claim alleges a "deliberate and pre-meditated effort"by CBSA officers to obtain evidence from Meng,in violationof her rights under the Canadian Charter of Rights and Freedoms.

RCMP Const. Winston Yep, threeunnamed Canada BorderServices Agency officers,and the Attorney General of Canada are named in the civil suit.

It alleges the officers obtained a warrant ordering Meng'simmediate arrest, but intentionally delayed thatarrest under the guise of a routine border check in order to extract evidence from her.

"The CBSAOfficers detained the Plaintiff for the express purpose of obtaining information which they and the RCMPand/or U.S. D.O.J. did not believe would be obtained if the Plaintiff was immediately arrested," it reads.

The claim describes the scene at the Vancouverairport in early December, whenMengwas among the first dozen passengers to exit her flight onto the jetway.

Meng leaves her home with a security guard in Vancouver the day after she was released on $10 million bail. (Jonathan Hayward/Canadian Press)

It saysCBSA officers were screening passengers "for the sole purpose of detaining the Plaintiff and unlawfully searching and interrogating her before turning her over to the RCMP."

It claims the CBSA officers "knew or were recklessly indifferent to the fact that their detention, search and interrogation of the Plaintiff was unlawful."

Devices seized

The claim alleges Meng'sdetention was "unlawful" and "arbitrary," and that she had no freedom of movement after she was apprehended on the jetway.

The claim also allegesCBSAofficers unlawfully seized two personalcellphones, aniPadand a personal computerand took them to a private office, thendemanded Mengsurrender her passwords. It says the officers "unlawfully opened and viewed the contents" of the devicesand searched Meng's luggage, in violation of her right to privacy.

Canada 'vicariously liable'

The 13-page document also claims thatCBSAofficers subjectedMengto unlawful interrogations over a sustained period, adding that Canada is "vicariously liable" because the officers are employed by the federal government.

None of the claims have been proven in court.

The CBSAand the RCMP declined to comment on the claim as it is before the courts.

Menghas been living under strict bail conditions in her Vancouver home since her release last December.Shehas hired at least 13 lawyers from six law firms.

On Friday, Canada announced that an extradition hearing for Meng canmove forward.

Meng's defence team said in a statement that shemaintains she is innocent of any wrongdoing and that the U.S. prosecution and extradition is an abuse of legal process.