810 V O L . 7 9 P A R T 6 N O V E M B E R 2 0 2 1 THE ADVOCATE
in substantial homes on Vancouver’s west side. Although with an ankle
bracelet and with a security detail, Meng was apparently even able to go
shopping and attend pre-COVID concerts.
In the process of combatting her extradition, Meng accessed Chinese representatives
in Canada and a large Canadian legal team. She repeatedly
sought, and sometimes obtained, relief from Associate Chief Justice
Holmes of the B.C. Supreme Court, including as follows:
• Meng successfully applied for disclosure in support of a branch of
her allegation of abuse of process (that Canada Border Services
Agency officers misused their customs and immigration powers)
(2019 BCSC 2137);5
• Meng (and the Attorney General of Canada) successfully opposed
a media consortium’s application to video record and broadcast the
“double criminality” portion (dealing with whether the conduct for
which extradition was sought would amount to a criminal offence
under Canadian law if it had taken place here) of the then-pending
committal hearing (2020 BCSC 43);
• the court denied Meng’s request for an order discharging her from
the extradition process on the basis that, she argued as a matter of
law, the “double criminality” requirement for extradition could not
be met (2020 BCSC 785);
• Meng requested a determination of whether claims of privilege
(which were largely upheld) were made out in documents (or portions
of documents) withheld from disclosure by the Attorney
General of Canada in the extradition proceedings (2020 BCSC
1461);
• Meng was partially successful in her first application under
s. 32(1)(c) of the Extradition Act to adduce evidence at her extradition
hearing, and successful in defeating the Attorney General’s
application for dismissal of the third branch of her proposed stay
application based on abuse of process (alleging that the requesting
state deliberately misstated or omitted material evidence in the
record of the case on which it would rely in seeking Meng’s extradition)
(2020 BCSC 1607);
• Meng’s second application to adduce evidence, seeking to adduce
six items of evidence in the extradition hearing to challenge the
reliability of a second supplemental record of the case, had mixed
results (2021 BCSC 440);