#BCSupremeCourtjudge; #Canada; #JusticeCanada; #Huawei, #ExtraditionProceedings
British Columbia, May 27 (Canadian-Media): Huawei CFO Meng Wanzhou was shocked with a B.C. Supreme Court judge ruling to go ahead with the extradition proceedings against the Huawei executive, media reports said.
Meng Wanzhou. Image credit: Wikipedia
Associate Chief Justice Heather Holmes said that the crime of 48-year-old Meng's fraud in the United States for allegedly deceiving banks into a possible violation of U.S. economic sanctions against Iran, would be considered a crime if it occurred in Canada.
And the fact that Canada doesn't have the same economic sanctions against Iran as the U.S. wouldn't stop someone being prosecuted in Canada for the same offence.
"Canada's law of fraud looks beyond international boundaries," Holmes wrote in her decision.
Meng was arrested at Vancouver's airport in December 2018 on an extradition warrant.
Prosecutors claimed that Meng's alleged lies put banks at risk of prosecution and loss because they would be violating U.S. sanctions themselves in handling finances of Huawei, a Chinese multinational technology company, which provides telecommunications equipment and sells consumer electronics, and smartphones.
Meng has denied the allegations against her.
Meng's lawyers argued that the fact Canada does not have economic sanctions against Iran meant her alleged actions would not have been considered a crime in Canada because no bank would have suffered a loss in an identical set of circumstances.
Addressing Meng's lawyers' concern Holmes said Meng's alleged offence was fraud and a crime in both countries and added that the final decision whether surrendering Meng to the U.S. authorities would be unjust or oppressive would rest with the federal Justice Minister David Lametti.
Securing the release of Kovrig and Spavor as well as clemency for Canadians facing the death penalty in China, including Robert Schellenberg was Canada's top priority, said Canadian Foreign Affairs Minister François-Philippe Champagne Wednesday.
Calling the dispute of Meng's release as political, not legal, Chinese Foreign Ministry spokesperson Zhao Lijian said in a news conference that Canada should immediately release Meng and ensure her safe return to China at an early date so as to avoid any continuous harm to China-Canada relations.
#CanadaJustice; #ActionCommittee; #CourtOperations; #TimelyRestorationOfCourts
Ottawa, May 27 (Canadian-Media): The second virtual meeting of the Action Committee on Court Operations in Response to COVID-19, co-chaired by Chief Justice Wagner and Minister Lametti, was held by teleconference on Friday, May 22, media reports said.
Federal Court of Canada. Image credit: Twitter handle
The meeting focused on Action Committee’s priorities in offering national guidance to chief justices, judges and courts administration officials with gradual resumption of court operations across Canada.
“As we all continue to navigate this period of uncertainty, ...we must keep in mind is that the success of our justice system...depends on public confidence and trust...we cannot simply view our response to COVID-19 as temporary measures to bridge us back to “normal” – they must be seen as opening the door to imagining a new normal, ” said Richard Wagner, Chief Justice of Canada and Chairperson, Canadian Judicial Council
With input from judicial, government, and public health and workplace safety the Action Committee has approved and released the Committee’s terms of reference, core principles and perspectives to be considered for court operations and initial orienting principles on safe and accessible courts in response to COVID-19 .
The Action Committee also identified its key priorities going forward, agreeing that the immediate focus for forthcoming national guidance would be on challenges of jury trials and hearings in small court rooms, circuit and remote courts.
Guidelines prepared by the Action Committee will help support appropriate provincial and judicial decision-makers with the best available information adapted to the individual circumstances of their courts while at the same time respecting the responsibility of provinces and territories for the administration of justice in their jurisdictions.
The Action Committee, established by the Chief Justice of Canada and the Minister of Justice and Attorney General of Canada, provides national leadership to support the work of provincial and territorial governments, individual courts, and court administrators restoring the full operation of Canada’s courts while ensuring the safety of court users and staff.
“The timely, quick and safe restoration of court operations as we emerge from the pandemic is essential to Canadians...my hope is that it will also serve as an opportunity to promote reform and renewal in the justice system,” David Lametti, Minister of Justice and Attorney General of Canada.
Govt of Canada shares legislative proposals to address issues of legislative time limits & deadlines
#CanadaJustice; #Covid19PandemicChallenges; #IndividualCanadians; #CanadaBusinesses
Ottawa, May 19, (Canadian-Media): Access to justice and effective functioning of our justice and court system is fundamental to a just and fair Canadian society due to challenges created by COVID-19 pandemic on many fronts, both for individual Canadians and businesses, media reports said.
David Lametti. Image credit: Twitter handle
“A fair and accessible justice system is a fundamental pillar of our democratic society. There are unprecedented times, and we are committed to ensuring that the decisions the Government takes protect Canadians’ rights and access to justice,”said David Lametti, Minister of Justice and Attorney General of Canada.
Recognizing that the individual Canadians and businesses fail to meet deadlines and time periods set by law, the Government of Canada has published on May 19 draft legislative proposals, to address these important issues.
The draft legislative proposals are available online for 10 days and interested stakeholders are welcome to share their comments.
The draft legislative proposals would suspend certain time limits and enable federal ministers to extend or suspend other time limits included in federal legislation to enable Canadians and Canadian businesses to meet regulatory time limits and deadlines found in federal legislation.
Examples of these are key deadlines found in the Bankruptcy and Insolvency Act and in regulations made under the Canada Labour Code, during these exceptional times.
The draft legislative proposals would also protect Canadians’ rights and access to justice in the context of civil legal proceedings before the courts, by ensuring that individuals are not prevented from asserting their rights for having missed a time limit or deadline during the COVID-19 pandemic.
The draft legislative proposals also include provisions to ensure that temporary extensions or suspensions cannot be made after September 30, 2020, and could be retroactive to March 13, 2020 when the COVID-19 pandemic officially began.