Mr. Martin addressed the Davies Ward Beck Summit on “International Investigations and White Collar Defence” held in Montreal, Quebec.

Mr. Martin delivered the attached address “The Defence of the Rule of Law in the 21st Century” to the Academy of Financial Crime Litigators.

On September 24, 2021, Meng Wanzhou, CFO of Huawei and daughter of its founder Ren Zhengfei, returned to China after lengthy and complex extradition proceedings brought against her by the United States of America. Ms. Meng was detained in Canada in December 2018 on US fraud charges alleging that she had defrauded HSBC. She resisted extradition over the course of a nearly three-year legal defence, before entering into a deferred prosecution agreement with the US after pleading not guilty to all charges made against her.

On December 13, 2018, Mr. Justice Ehrcke granted Ms. Meng’s bail (decision).

On December 9, 2019, Holmes ACJ ordered the disclosure of documents to support Ms. Meng’s allegations of abuse of process (decision).

On May 27, 2020, Holmes ACJ found that the double criminality requirement under the Extradition Act had been made out (decision).

On October 28, 2020, Ms. Meng successfully resisted the Attorney General of Canada’s application to have part of her abuse of process claim dismissed, and Holmes ACJ ordered that Ms. Meng had met the high standard required to introduce evidence to be used at the committal hearing (decision).

Between March and July 2021, Ms. Meng made three applications to introduce evidence at committal (decision #1; decision #2; decision #3). The third application was the result of litigation which started in the United Kingdom and concluded in Hong Kong. Ultimately, a Hong Kong court endorsed an agreement between HSBC and Ms. Meng that provided her with significant disclosure from HSBC relating to the allegations made against her by the US. Although this evidence was not admitted on committal, it was introduced to support Ms. Meng’s third branch of abuse of process application (discussed below).

Prior to her committal hearing, Ms. Meng argued that the extradition should be stayed for abuse of process under four “branches.”

The first branch alleged political interference in the extradition proceedings, including by the then-US president. Access submissions here.

The second branch alleged violation of Ms. Meng’s Charter rights during her detention at the Vancouver airport, including regarding the collection of information and its transmission to US authorities. Access submissions here.

The third branch alleged misrepresentations by the US in the Records of the Case that it provided in support of Ms. Meng’s extradition. It was alleged that the US had breached its duty of candour to the Court by misrepresenting or omitting key facts and exaggerating the case against Ms. Meng. Access submissions here.

Finally, the fourth branch alleged that the US request for extradition and prosecution of Ms. Meng violated the customary international law of state jurisdiction, since the underlying allegations had no genuine connection to the US. Access submissions here. Ms. Meng’s argument was supported by world-renowned experts on the international law of jurisdiction. Access the application record, including expert evidence, here.

Ms. Meng’s legal team argued the abuse of process application over the course of several weeks, concluding with submissions on remedy. Access submissions here.

At the committal hearing, Ms. Meng argued that the evidence provided by the US could not support a finding of guilt for the fraud alleged. Generally speaking, it was argued that Ms. Meng had not mislead HSBC, she could not have caused HSBC to suffer any risk of deprivation, and any such risk was remote and speculative. Access submissions here.

Before Holmes ACJ could provide a ruling on the abuse of process application and committal, the US withdrew its request for extradition.

Mr. Martin (with Mr. Leggett) successfully respond to an application by the media to televise Meng Wanzhou extradition proceedings: United States v. Meng, 2020 BCSC 43.

Huawei CFO Meng Wanzhou wins disclosure application in United States v. Meng, 2019 BCSC 2137.

Mr. Leggett is part of a team that successfully appealed a human smuggling conviction at the British Columbia Court of Appeal in R. v. Christhurajah, 2019 BCCA 210. Mr. Christhurajah will not be re-tried.

Mr. Leggett is part of a team that successfully defended minority language rights at the Supreme Court of Canada in Bessette v. British Columbia (Attorney General), 2019 SCC 31.

Mr. Leggett secures an acquittal after a sexual assault trial. The Court also ordered the disclosure of records in the possession of third parties. Mr. Leggett also obtained a retraction from a newspaper which had inaccurately reported on the court’s decision and successfully argued that a related disciplinary matter should be set aside.

Ms. Duncan, and co-counsel Phil Campbell, on behalf of Innocence Canada, secured the release on bail of Wade Skiffington after 17 years in prison, pending an investigation by the Minister of Justice into Mr. Skiffington’s claim that he was wrongfully convicted of murder: R. v. Skiffington, 2019 BCSC 178.

Mr. Martin and Ms. Duncan secure the release on bail of Ms. Meng Wanzhou, CFO of global telecommunications giant Huawei, sought by the US in extradition proceedings: United States v Meng, 2018 BCSC 2255 (CanLII), <http://canlii.ca/t/hwmhm>,