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Huawei CFO Meng Wanzhou sues Ottawa, border services for breaching ‘constitutional rights’

Huawei Technologies Co. Ltd.
In the lawsuit, Huawei Technologies Co. Ltd. CFO Meng Wanzhou is claiming damages for mental distres
In the lawsuit, Huawei Technologies Co. Ltd. CFO Meng Wanzhou is claiming damages for mental distress and a loss of liberty as a result of the RCMP holding her for three hours without access to lawyers after she was arrested at Vancouver International Airport on Dec. 1. File photo Darryl Dyck/Canadian Press

Huawei Technologies Co. Ltd. CFO Meng Wanzhou, who faces the start of her extradition hearing to the United States on Wednesday, is filing a civil suit against the Canadian government and several other agencies for breaching her "constitutional rights."

The suit was filed Friday in B.C. Supreme Court against the federal government, the RCMP and the Canadian Border Services Agency (CBSA). In the lawsuit, Meng is claiming damages for mental distress and a loss of liberty as a result of the RCMP holding her for three hours without access to lawyers after she was arrested at Vancouver International Airport on Dec. 1.

The lawsuit alleged that, after Meng was identified after getting off her plane from Hong Kong, the police took her to inspection without immediately identifying the nature of the detention (including the lack of a presentation of the arrest warrant until three hours later). Meng also said she was separated from her travel companion and other passengers, not being allowed to speak with anyone while she was detained at the airport.

Meng further alleges that officers requested Meng turn over all computers and electronic devices to the authorities, and Meng — thinking she did not have a choice without the guidance of legal counsel — complied.

Huawei and Meng are facing allegations of money laundering, violating U.S. sanctions against business operations in Iran, and stealing trade secrets from U.S.-based companies. The extradition hearing is scheduled to begin on Wednesday in Vancouver. Huawei has denied those allegations.

The case has caused a major rift in Canada-China relations, leading to the arrest of at least two Canadian citizens in China and the issuing of travel advisories by both Beijing and Ottawa to citizens for traveling to each other's countries. In addition, several Canadian businesses - including those here in B.C. — have expressed concern that China may choose to retaliate via trade barriers or other non-tariff regulations targeting trade, which would disproportionately affect B.C. given the province's higher exposure to the Chinese market.

Huawei has been in the Canadian market investing in research and related businesses for a decade. It is most notable for being a sponsor to Hockey Night in Canada, but its devices are currently banned from sale in the United States. Several countries have prohibited the company — one of the only developers of incoming 5G mobile wireless network technology in the world — from handling any part of 5G development in those nations.

Meng is the daughter of Huawei founder Ren Zhengfei.

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