United States v. Meng

United States v. Meng

Applying the Larosa three-part test to the record, the court found all three criteria satisfied: Ms. Meng's allegations were capable of supporting the remedy sought, there was an air of reality to the abuse of process claim given gaps and unexplained features in the respondent's evidence (notably the CBSA passcode...

Source-derived case information.

Citation
2019 BCSC 2137
Parties
Requesting State/respondent: United States of America (via Attorney General of Canada); Person Sought/applicant: Wanzhou Meng (aka Cathy Meng, Sabrina Meng)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Extradition / Pre Committal Disclosure Application (ruling on Defence Application for Disclosure)
Outcome
Order for further disclosure granted under Larosa test; disclosure limited to documents listed in Revised Order Sought and supplements; privilege preserved
Legal Topics
Abuse of Process, Disclosure, Search and Seizure, Detention, Mutual Legal Assistance, Peace Officer Authority
Source Language
english
Extradition Charter Law Criminal Law Administrative Law International Mutual Legal Assistance Abuse of Process Disclosure Search and Seizure +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

United States of America (via Attorney General of Canada)

Requesting State/respondent

Wanzhou Meng (aka Cathy Meng, Sabrina Meng)

Person Sought/applicant

Procedural Posture

Extradition / Pre Committal Disclosure Application (ruling on Defence Application for Disclosure)

Legal Issues

  1. 1 Whether disclosure beyond the usual extradition material should be ordered to support an abuse of process Charter claim
  2. 2 Whether there is an air of reality to allegations that CBSA and RCMP delayed arrest and covertly gathered evidence for FBI use
  3. 3 Whether CBSA officers, as peace officers, were required to immediately execute the provisional arrest warrant

Ratio Decidendi

Applying the Larosa three-part test to the record, the court found all three criteria satisfied: Ms. Meng's allegations were capable of supporting the remedy sought, there was an air of reality to the abuse of process claim given gaps and unexplained features in the respondent's evidence (notably the CBSA passcode handover and device identifier communications), and the documents sought were likely relevant; accordingly the court ordered further disclosure of the documents listed in the Revised Order Sought as supplemented, while preserving privilege procedures.

Court Disposition

Order for further disclosure granted under Larosa test; disclosure limited to documents listed in Revised Order Sought and supplements; privilege preserved

Orders

  • Disclosure ordered of documents listed in the Revised Order Sought filed Sept 26, 2019 as supplemented by applicant's Oct 16, 2019 para.115
  • Attorney General to identify any listed documents that do not exist or have already been disclosed