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The defence team of Meng Wanzhou, seen here on Sept. 30, 2019, is seeking the disclosure of additional documents and information.DARRYL DYCK/The Canadian Press

Crown prosecutors say they have gone “above and beyond” in providing documents and information to the legal team for Huawei executive Meng Wanzhou, which is seeking additional disclosure to show that Canadian authorities conspired to conduct a “covert criminal investigation” during her Dec. 1 arrest.

Robert Frater, a lawyer representing the Attorney-General of Canada, said Monday that his team narrowed down a “wish list” submitted by the defence on Friday and provided several more e-mails over the weekend, but is now drawing a line.

He argued that the allegation of a conspiracy is baseless – "the sort of technique that’s usually found in the tackle box of someone on a fishing expedition.”

Ms. Meng’s legal team is seeking the disclosure of additional documents and information in efforts to show that there was an abuse of process during her examination and that her Charter rights had been violated.

But to obtain further disclosure, it must meet what’s called an “air of reality” test – a legal test to show that there is some realistic possibility that the allegation can be substantiated.

The Crown has said that Ms. Meng was treated like any other ordinary traveller, and Mr. Frater said Monday that there is no evidence to support the theory of a covert criminal investigation.

“It was hardly covert since various activities were videotaped, audiotaped and the subject of notes,” Mr. Frater told the court. “If it were an investigation, it produced paltry results.”

The defence team said last week that the initial arrest plan, as documented by RCMP officers, was to arrest Ms. Meng on the plane before she disembarked. However, by the next day, the plan had changed and Canadian Border Services Agency officials met Ms. Meng on the jetway, seized her devices and led her to a secondary screening area where she was held for about three hours.

Ms. Meng’s lawyers are asking for additional notes from the CBSA, the RCMP and the U.S. Department of Justice from a meeting on the morning of the arrest to explain why the plan changed so drastically.

To that, Diba Majzub, another lawyer for the Crown, reviewed case law and said that all travellers must go through border processes first and that Ms. Meng is no different. Mr. Frater said police arrested Ms. Meng as soon as CBSA officers completed their examination and that both agencies carried out their duties in accordance with their statutory obligations.

He accused the defence of “fishing in waters where there is no evidence to suggest the fish are jumping.”

“My friends are annoyed because none of this substantiates their theory that this is the meeting where the covert criminal conspiracy was launched,” Mr. Frater said. “All they are saying in this request is that there must be something else. We are saying there is no air of reality to that claim.”

Ms. Meng is accused by the U.S. of providing misleading information to foreign banks regarding the nature of the relationship between Chinese telecom giant Huawei and Skycom Tech Co. Ltd., which the U.S. Department of Justice calls a subsidiary that sold telecommunications equipment to Iran.

U.S. prosecutors say that placed those banks at risk of violating U.S. sanctions through the money they handled. According to the indictment against Ms. Meng, one of the banks in question cleared more than US$100-million of Skycom-related transactions through the U.S. between 2010 and 2014.

The Crown’s submissions are expected to last several days. Ms. Meng’s extradition hearing is scheduled for January.

Ms. Meng’s arrest has created a rift between Canada and China. Beijing arrested Canadians Michael Kovrig and Michael Spavor days later, in what was widely seen as an act of retaliation, and halted imports of Canadian agricultural products, including canola and pork.

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