After nearly 3 years, we're still searching for the meaning of Meng Wanzhou's detention - Action News
Home WebMail Friday, November 22, 2024, 03:44 AM | Calgary | -12.5°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
British ColumbiaREPORTER'S NOTEBOOK

After nearly 3 years, we're still searching for the meaning of Meng Wanzhou's detention

CBC reporter Jason Proctor spent nearly three years covering Meng Wanzhou's extradition case. At times, he felt like he was watching a charade one with very real consequences for two Canadians trapped in Chinese prisons.

CBC reporter Jason Proctor asks if the extradition case could have been avoided

CBC photojournalist Ben Nelms took hundreds of pictures of Huawei chief financial officer Meng Wanzhou going in and out of her house during the past two and a half years of her detention in Vancouver. She is now back in China. (Ben Nelms/CBC)

Jason Proctor is a CBC reporter and the writer of the podcast Sanctioned: The Arrest of a Telecom Giant. The final chapter of the series will be released on Nov. 1.


In the past three years, I've spent hundreds of hours thinking aboutMengWanzhou.

I've stood outside her house. I've sat behind her in a courtroom. And on one memorable spring evening, I hid behind a tree as theHuaweiexecutive posed on the steps of the B.C. Supreme courthouseto celebratea victory that never happenedwhile she thought no one was watching.

But I've never actually spoken to Meng.

It's been a month sinceshe returned to China. Now that she's back, I'll likely never have the chance to askherabout her take on the U.S. extradition request that upended her life, shredding relations between Canada and China in the process.

She knows who Michael Kovrig and Michael Spavor are her lawyers raised the situation of the two Canadians imprisoned in China in apparent retaliation for Meng's arrest in court documents arguing for her release.

But I'll never get to askMengwhat it feels like to be on the other end of what most observers believe was hostage diplomacy. Not that I would have held my breath for a satisfactory answer anyway.

Perhaps that's the perfect ending to theMengWanzhousaga, a legal conflict that was in reality always about a geopolitical battle.

Nothing was ever completely as it seemed, from the motivations behindMeng'sarrestto the conclusion of the charges against her, which happened in courtbut were almost certainly manipulated by forces far beyond the reach of any judge in New York or British Columbia.

So what was it all about?

Assessing the cost

As a reporter,the questionI've been asked most frequently sinceMengresolved fraud charges through a deferred prosecution agreement with U.S. prosecutors on Sept. 24 is just how much the extradition proceedings in this country cost.

And not just in terms of money.

A still from a video of Meng Wanzhou filed as part of a defence application for access to documents. The video was taken during Meng's first few hours in CBSA custody. (Submitted by B.C. Supreme Court)

Canada Border Services Agency and RCMP officers saw their reputations dragged through the mud during testimonyabout the events surrounding Meng's arrest in December 2018.

OneCBSAsupervisor cried on the stand.

A retiredRCMPstaff sergeant was accused of breaking the law by sharing information with his FBIcounterpartsand then refusing to testify about it in court.

And that's to say nothing of the conditionsSpavorandKovrigwere subjected to in Chinese prisons, held insolitary confinement, accused and tried in secret on trumped-up charges of espionage.

By contrast, Meng's bail conditions appeared luxurious, but she also chafed against the confines of her golden chains, pleading with a judge to loosen restrictions that had her living under curfew, tailed by security guards, a GPS ankle-monitoring bracelet strapped to her ankle.

The 'great, titanic struggle'

For what it's worth,Mengalways maintained her innocence,even after signing astatement of facts in which she essentially agreed to the core of the U.S. case against her.

The charges stemmed from lies Meng allegedly told an HSBC executive in Hong Kong in August 2013 about Huawei's control of a subsidiary alleged to have violated U.S. economic sanctions against Iran.

Meng Wanzhou leaves B.C. Supreme Court in downtown Vancouver for the first time under the intense glow of the media spotlight after her release on bail in December 2018. (Alex Migdal/CBC)

I can still recall listening to tapeof Meng's first appearance in B.C. Supreme Court, a hearing that occurred beforenews of her arrest was widely known.Defence lawyer David Martin struggled to convey the implications of his client's arrest.

Meng was not just the chief financial officer of the world's largest telecommunications companyshe was the daughter of the company's billionaire founder.

Martin spoke of the "great, titanic struggle" between China and the United States. He comparedMengto Facebook Chief Operating Officer SherylSandberg.

He alsopredicted an "orgy" of speculation once news of the extradition request broke.

The 'rule of law'

Martin was right: there was an explosion of interest, and then-U.S. president Donald Trump said he would be willing to useMengas a bargaining chip if it might helpsecurea better trade deal with China.

Prosecutors later claimed Trump's words shouldn't be a factor in denying the extradition, but it was hard not to see the case as political especially as it would now appear thatthe influence of Trump's successor, Joe Biden, finally brought the case to a close.

In this composite photo we see on the left, Michael Kovrig embracing Vina Nadjibulla following his arrival on a Canadian air force jet after his release from detention in China, at Toronto Pearson International Airport; On the right, Michael Spavor is shown leaving Calgary International Airport.
Michael Kovrig, left, embraces Vina Nadjibulla following his arrival in Toronto on a Canadian Air Force jet after his release from more than 1,000 days of detention in China. Michael Spavor, right, waves after arriving back in his home city of Calgary. (Cpl. Justin Dreimanis/DND-MDN Canada/Reuters, Colin Hall/CBC)

So could any of that cost human or monetary have been avoided?

From the start, Prime Minister Justin Trudeau claimed Canada had no choice but to follow a well-established pattern in extradition cases that would only see the minister of justice weigh in on the merits of the case after the court process played itself out. It was the "rule of law."

MichaelKovrig'swife,VinaNadjibulla, sat in on the courtroom hearings.

The couple were separated at the time of his detention, butKovrigremained a vital part ofNadjibulla'slife and she fought tirelessly for his release.

I've often wondered what it was like for her, sitting just feet away from the woman whose fate appeared directly tied to her husband's. What did the "rule of law" mean toNadjibulla and to him?

Precedent, procedure, absurdity

The courtsometimes feltlike a hermetically sealed chamber, where prosecutors, defence lawyers and the judge debated minute points of precedent and procedure as though the tensions raging outside didn't exist.

There was an absurdity to the proceedings. The alleged victim was a bank that had its own history of violating U.S. economic sanctions HSBC was under the terms of a deferred prosecution agreement at the time the alleged offences took place.

Meng Wanzhou seen posing for pictures with friends on the steps of the B.C. Supreme Court in Vancouver on May 23, 2020. (Ben Nelms/CBC)

The central piece of evidence was a PowerPoint presentation.

Even the judge seemed to strugglewith the complexity of the charges. And there was no evidence anyone involved actually lost any money besides Canadian taxpayers.

Meanwhile,Huaweimounted a full-on charm offensive.

Public relations people and senior executives descendedon Vancouver. They suggested the possibility of interviews withMeng'ssecurity guards and friends that might make great stories,but nothing transpired.

At one point,CBCeven had tickets booked toShenzhen, China, forThe Nationalhost AdrienneArsenaultand meto interviewMeng'sfather,RenZhengfei. ButHuaweicancelled at the last minute.

They gaveus a massive, glossy book of quotations:In His Own Words: Dialogues withRen, which providesdetailedtranscriptions of the CEO's many interviews with the media.

It's a perfect memento of my interactions with Huawei'srepresentatives: earnest,slightly weird and completely useless for the purposes of reporting.

Witness to a charade?

Meng Wanzhou's arrest placed Vancouver and Canada in the middle of the battle between superpowers that promises to define ourtime.

I feel fortunatethe CBC let me cover the case from cover to cover; we even produceda podcast.

But I can't help but feelI was witness to a charade.Not that any of the other participants might have felt that way,or that any of us had a choice but to play our roles.

B.C. Supreme Court Associate Chief Justice Heather Holmes spent years considering evidence and arguments related to the U.S. request for Meng Wanzhou's extradition. She will never release a final decision. (Jane Wolsak)

B.C. Supreme Court Associate Chief Justice Heather Holmes spent years considering arguments and evidence tendered in favour of a decision that will never be delivered.

Everything that happened in her court was rendered moot with the deal that sawMenggo home.

Did Holmes feel used? Or is that just the way the rule of law works?

While Chinese and American politicians and Canadian lawyers performed on their respective stages,could the people for whom this story was a very real tragedy,lived outbehindconcrete walls and iron bars, have been spared any of their agony?

A win, win, win?

Everyone claimed victory anyway.

The U.S. Department of Justice crowed thatMenghad "taken responsibility for her principal role in perpetrating a scheme to defraud a global financial institution."

In this photo released by China's Xinhua News Agency, Meng Wanzhou waves as she steps out of an airplane after arriving back in Shenzhen, China, following the end of extradition proceedings in Canada. (Jin Liwang/Xinhua/The Associated Press)

A spokeswoman for China's foreign ministry called the charges againstMenga "political frame-up and persecution of a Chinese citizen" and creditedher government's "unremitting efforts" as the reason for herreturn.

Trudeau thanked Canada's diplomats. And now, Canada, the U.S. and China are all preparing to compete in the 2022 Winter Olympics in Beijing.

Mengstepped off a plane and back into her old life as a hero, walking a red carpet splayed across the tarmac asOde to the Motherlandplayed in the background.

DancingHuaweiemployeesgreeted her upon her returnto the office last week. At no point has she said anything publicly about admitting to telling any lies.

I'm still around ifMengWanzhouever decides she wants to talk.

She owns a piece of this puzzle. ButI'm not certain we'll ever know the truth.