Chief Financial Officer of Huawei, Meng Wanzhou leaves her home in Vancouver, Wednesday, October 28, 2020. Wanzhou is heading to the British Columbia Supreme Court in an evidentiary hearing on her extradition case on abuse of process argument. THE CANADIAN PRESS/Jonathan Hayward

Chief Financial Officer of Huawei, Meng Wanzhou leaves her home in Vancouver, Wednesday, October 28, 2020. Wanzhou is heading to the British Columbia Supreme Court in an evidentiary hearing on her extradition case on abuse of process argument. THE CANADIAN PRESS/Jonathan Hayward

‘It has to be dealt with’: Border officer says examination of Meng was necessary

Scott Kirkland told the B.C. Supreme Court Wednesday that collecting the phone passcodes is routine

A border officer who assisted in the three-hour detention and examination of Huawei executive Meng Wanzhou before her arrest at Vancouver’s airport two years ago says he didn’t intend to share passcodes for her phones with RCMP.

Scott Kirkland told the B.C. Supreme Court Wednesday that collecting the passcodes is routine during secondary examinations of foreign nationals by the Canada Border Services Agency.

But if he realized at the time that the piece of paper where he wrote them would be passed on to RCMP along with her devices, he would have acted immediately.

“I would have grabbed it back from them, because they’re not allowed to have it. It’s a Privacy Act violation, basically,” he said.

Kirkland is the second in a series of witnesses called to testify at the request of Meng’s defence team, which is gathering evidence for arguments it will make next year that she was subjected to an abuse of process.

The defence has alleged there was a “co-ordinated strategy” to have the RCMP delay her arrest so border officials could question Meng under the pretence of a routine immigration exam.

The request by the United States for her extradition on fraud charges has soured relations between Canada and China.

Kirkland testified that border officers were simply doing their duty by screening Meng before her arrest, because they had their own suspicions of serious criminality and espionage that would affect her admissibility into the country.

Kirkland said he andSowmith Katragadda, his colleague who led her examination, only learned one hour before Meng’s arrival that the RCMP planned to arrest her. They did a quick search for Meng on internal databases and found news articles online involving allegations of American sanction violations and bans on Huawei technologies abroad, he said.

“At that point, we realized this was going to be a high-profile, international examination that just got put into our hands,” he said.

Border officers do not conduct criminal investigations but are required to investigate if they suspect someone is not admissible to Canada, he said. They do not require a search or arrest warrant, he said.

“It has to be dealt with,” he said. “If a person has a potential to be inadmissible to Canada, we can’t ignore it.”

Kirkland said CBSA made “abundantly clear” to RCMP that Mounties could not interfere in the process.

However, he raised a concern before her plane landed that delaying the arrest could be seen as violating her charter rights.

“It would potentially be seen as a delay, that our examination would be argued as a delay in due process for Ms. Meng,” he said.

At no point did he believe the CBSA examination was unlawful, however, he said.

Border officers collected her devices in an anti-static bag at the RCMP’s request after they identified her, Kirkland said.

Kirkland said he spent most of the examination monitoring Meng’s devices. When Katragadda asked him to collect her phone numbers, he also wrote down her passcodes, he said.

“It would be natural for me to do that, so I went ahead and asked for the passwords,” Kirkland said.

Typically, he returns the piece of paper with passcodes to the foreign national, as a reminder that they should change the codes after the examination.

The examination ended before officers actually searched the devices, he said. He didn’t realize until CBSA reviewed Meng’s apprehension days later that the paper was missing.

Earlier Wednesday, defence lawyer Richard Peck accused the RCMP officer who arrested Meng after the border examination of lying.

Const. Winston Yep testified that he didn’t want to infringe on CBSA jurisdiction by arresting Meng immediately after the plane landed and he was concerned boarding the plane for the arrest created too many safety risks.

“My view is that’s not an honest answer,” Peck told Yep. “Safety was never an issue.”

“There is a risk there, because there are lots of people around there,” Yep responded. “We have to mitigate the risk as much as possible.”

Amy Smart, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Courtcrime

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, said growing COVID-19 case numbers continue to be a concern in the province. (Chris Schwarz/Government of Alberta)
Alberta announces 1,077 new COVID-19 cases Thursday

There are currently 14,052 active cases in the province

Bids for Kids poster
Wolf Creek Youth Foundation online auction gets ‘overwhelming’ response

Santa’s Bids for Kids auction to benefit youth programs in Rimbey, Ponoka

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, said the 500 deaths from COVID-19 in the province are a tragic milestone. (Photo by Chris Schwarz/Government of Alberta)
Alberta hits ‘tragic milestone’ with more COVID-19 deaths

Province up to 500 COVID-19 deaths, adds 1,265 cases

Alberta premier Jason Kenney declared a public health state of emergency Tuesday and sweeping new measures as COVID-19 cases in the province continue to rise. (photo by Chris Schwarz/Government of Alberta)
Kenney declares state of public health emergency as COVID-19 cases rise

High schools shift to online learning, businesses face new restrictions

File Photo
Sylvan Lake Town Council asks for a mask bylaw to be brought forward for consideration

The bylaw would require face coverings in all indoor Town-owned and operated facilities

The corporate headquarters of Pfizer Canada are seen in Montreal, Monday, Nov. 9, 2020. The chief medical adviser at Health Canada says Pfizer’s COVID-19 vaccine could be approved in Canada next month. THE CANADIAN PRESS/Ryan Remiorz
Health Canada expects first COVID-19 vaccine to be approved next month

Canada has a purchase deal to buy at least 20 million doses of Pfizer’s vaccine,

People wear face masks as they pose next to a Christmas display in Montreal, Sunday, November 22, 2020, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
How to tell family their Christmas gathering is too risky and you’re not going

Dr. Hurst says it’s best to frame the conversation from a place of care, stressing safety precautions.

A sign instructs people to wear masks in downtown Calgary on Friday, Oct. 30, 2020. Pub and restaurant owners are trying to figure out how to comply with a stricter COVID-19 measure in Alberta that dictates only six people from the same household can sit at one table. THE CANADIAN PRESS/Jeff McIntosh
Brewpub owner pleased Alberta not closing sit-down dining as COVID-19 cases soar

Alberta’s caseload of COVID-19 infections has been growing for weeks

This undated photo issued by the University of Oxford shows of vial of coronavirus vaccine developed by AstraZeneca and Oxford University, in Oxford, England. (University of Oxford/John Cairns via AP)
Canada can make vaccines, just not the ones leading the COVID-19 race

Canada has spent more than $1 billion to pre-order seven different developing COVID-19 vaccines

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at B.C. campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Most Read