Gar Pardy, former Canadian diplomat and Ambassador, argues why it's high time for Canada to release Mme Meng Wanzhou so China can release Michael Kovrig and Michael Spavor who have been held in Chinese jails since December 2018, over 650 days.
Canada arrested Meng Wanzhou who was passing through Vancouver airport in transit on December 1, 2018. Why? Because the United States asked Canada to do so, in order to extradite her to the U.S. so she could be prosecuted for fraud charges. China objected to the arrest and demanded that Canada release Mme. Meng. Ten days later, following Canada's refusal and comments that it was holding Mme. Meng pursuant to the "rule of law", China arrested two Canadians for crimes allegedly committed under Chinese national security law. These Canadians are former diplomat Michael Kovrig who was visiting China in his current role as head of the International Crisis Group, and Michael Spavor a business person currently residing in China.
Mme. Meng is currently released on bail and essentially under 'house arrest' at her mansion in Vancouver. The two Michaels, as they have been referred to by Canadians in letters sent to the Prime Minister, and by the press, have been kept imprisoned in jail cells and there is fear for their health and for their lives.
How does the Extradition Act work?
*This is a very bare bones summary and does not constitute legal advice: Under Canada's Extradition Act, Canada has legal mechanisms in place enabling it to comply with the request of an extradition partner (there is an extradition treaty between Canada and the U.S.) but there are several preliminary steps. First the Minister of Justice approves the arrest on the basis that the underlying crime forming the basis of the extradition request would also be a crime in Canada, and the individual's extradition is being requested for prosecution or sentencing by an extradition partner. Second, the individual will appear before an Extradition Judge who based on the preliminary evidence presented will determine whether that evidence (not the same in-depth evidence as in a trial) on its face supports the criminal charge (which would also be a crime in Canada), not whether the criminal charge is proved. If the Extradition Judge is satisfied there is sufficient evidence to support the criminal charge (prosecution or sentencing), the judge will order the individual's committal for extradition. At this stage, the Minister of Justice determines whether or not to surrender the individual to the extradition partner. Throughout the entire process of extradition proceedings, there is opportunity and discretion for the Minister of Justice to discharge the individual.
You can find
Canada's Extradition Act here: https://laws-lois.justice.gc.ca/eng/acts/e-23.01/index.html
Letter written June 23, 2020 by prominent Canadians to Prime Minister Justin Trudeau arguing that the Minister of Justice should exercise (his) legal authority under the Extradition Act to end extradition proceedings against Mme. Meng in order to negotiate with China the immediate release of Michael Kovrig and Michael Spavor here: Letter to Prime Minister
Globe and Mail article describing September 15, 2020 letter written by more than 100 former Canadian diplomats, organized by Gar Pardy, urging Prime Minister Trudeau to see to the release of Meng Wanzhou to China so that Canadian citizens Michael Kovrig and Michael Spavor can be released by China to return to safety in Canada, here: https://www.theglobeandmail.com/politics/article-more-than-100-ex-diplomats-urge-trudeau-to-swap-meng-for-kovrig-and/
Thanks to OMS Entertainment for Sound Editing.