An expert in Canada-Asian relations is warning a future U.S. deal to set free Huawei executive Meng Wanzhou may not lead to the immediate release of two Canadians locked up in China – particularly if Ottawa is not seen as having played a significant role in her release.
Senator Yuen Pau Woo, as facilitator of the Independent Senators Group in the Red Chamber, is the leader of the largest bloc in the Senate. Prior to his appointment to the Senate, he served as president and CEO of the Asia Pacific Foundation of Canada in Vancouver.
Canadian diplomat Michael Kovrig and entrepreneur Michael Spavor were seized and locked up by Beijing in 2018 shortly after Ms. Meng was arrested at Vancouver airport on a U.S. extradition request – apparently in retaliation for the detention of the Huawei Technologies executive.
Ms. Meng is fighting extradition to the United States in court and Prime Minister Justin Trudeau has rejected calls from Beijing to intervene and send her home, saying there will be no political interference in Canada’s independent judicial system. In late 2020, however, the U.S. Justice Department was reportedly in discussions on a plea agreement that would allow Ms Meng to return to China.
Mr. Woo has previously played a role in back-channel diplomacy between Canada and China and says he wants to do what he can do help bring about the release of Mr. Kovrig and Mr. Spavor. “I am plugged into the discussions around these issues.”
He said there is a risk a future U.S. deal to free Ms. Meng could be “misinterpreted on the Chinese side as a problem that was resolved purely by D.C. and Beijing” without Canada.
“The resolution of the Meng Wanzhou issue may not, I am really sad to say, may not facilitate a resolution of the Spavor-Kovrig issue,” Mr. Woo told a Carleton University webinar last week.
“For the simple reason that if the political resolution is a bilateral one between the U.S. and China, that will effectively take Canada out of the equation and reduce our degrees of freedom to encourage the release of our two compatriots.”
Elaborating on this in a later interview, Mr. Woo said it’s very important that Canada be seen by Beijing as actively trying to bring about a resolution that would free Ms. Meng and if a U.S.-brokered deal is ever reached, that “Canada’s fingerprints will be all over” that arrangement.
“Right now the Canadian position for Meng Wanzhou is there is legal process and she has to go through it .... Give it your best shot – in terms of Madam Meng’s lawyers – and whatever happens, happens,” he said.
But, he noted, the United States has reportedly been trying to broker a solution.
“If we say that we are relying on the normal process of legal discussion to solve the Meng issue, why would the Chinese then subvert their legal process … to free the Michaels?”
Mr. Woo also said Canada, which has criticized the arrest of the two Michaels as “arbitrary detention,” must also recognize the Chinese justice system as legitimate.
“I don’t see that there can be any resolution of the dual problem of Meng Wanzhou and the two Michaels without some recognition and acknowledgment, on the part of the two governments, of the legitimacy of the justice systems of the other side,” he told the Carleton webinar.
“I am not saying we have to agree with the Chinese justice system but it would be extremely difficult for the Chinese to suddenly spring free Michael Spavor and Michael Kovrig if we essentially say that ... your system is totally illegitimate.”
Added Mr. Woo: That’s “going to be very difficult for the Chinese to spring them free because it would be basically recognizing that the Canadian side was right.”
Conservative Senator Leo Housakos said he was appalled by the suggestion that Canada should recognize China’s judicial system as legitimate.
He said it’s impossible to consider China’s justice system legitimate “when it can imprison you without charges, [when it’s] a system that doesn’t disclose what the charges are to you or to your attorney and is a judicial system that is done in closed-door privacy.”
Added Mr. Housakos: “It’s laughable.”
The Conservative senator said it’s important to remember that Ms. Meng is being accused of serious charges of bank fraud and the Canadian courts must deal impartially with the extradition proceedings, regardless of whether the U.S. grants a deferred prosecution agreement.
The American charge for which she was arrested in Canada is fraud – lying to a bank – which is a crime in both this country and the United States.
The U.S. alleges that Ms. Meng deceived banks including HSBC about the true nature of the relationship between Huawei and a subsidiary based in Iran, called Skycom, and that this fraud led bankers to clear hundreds of millions of dollars of transactions in violation of U.S. sanctions.
The Conservative senator noted that Mr. Woo recently refused to grant leave for his motion that would have imposed wide-ranging sanctions on Chinese officials over its brutal treatment of China’s Muslim Uyghur minority.
He noted that Mr. Woo advocated a prisoner exchange with Ms. Meng and the two Michaels as did prominent Liberals from the Jean Chrétien era, such as former justice minister Allan Rock, former foreign affairs minister Lloyd Axworthy and Eddie Goldenberg, a senior Chrétien adviser.
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