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

The Abbotsford Police Department is investigating a shooting on Adair Avenue on Saturday night. (Photo by Dale Klippenstein)
Drive-by shooting in Abbotsford targeted home with young children, police say

Investigators believe home was mistakenly targeted by assailants

Menno Place. (Google Street View image.)
Abbotsford care home looks to hire residents’ family members amid COVID-19-related staff shortage

Family would get paid as temporary workers, while having chance to see loved ones while wearing PPE

Morning mist clears over the Hope Slough at Camp River Road on Sunday, Nov. 29, 2020. (Jessica Peters/ Chilliwack Progress)
WEATHER: Sunny skies in the forecast for Chilliwack and Abbotsford

Rain and wind expected Sunday night through Monday morning, then clear skies

LEFT: Krista Macinnis, with a red handprint across her face that symbolizes the silencing of First Nations people, displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
RIGHT: Abbotsford School District Kevin Godden says the district takes responsibility for the harm the assignment caused.
Abbotsford school district must make amends for harmful residential school assignment: superintendent

‘The first step is to unreservedly apologize for the harm … caused to our community’: Kevin Godden

web
Spiritual senior begins journey as author, 3 years after near-fatal accident in Mission

Donna Gibbons to publish ‘Haunting in Hatzic,’ the 1st in a series on her life as a medium

(Dave Landine/Facebook)
VIDEO: Dashcam captures head-on crash between snowplow and truck on northern B.C. highway

Driver posted to social media that he walked away largely unscathed

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
Top doctor urges Canadians to limit gatherings as ‘deeply concerning’ outbreaks continue

Canada’s active cases currently stand at 63,835, compared to 53,907 a week prior

A Canadian Pacific freight train travels around Morant’s Curve near Lake Louise, Alta., on Monday, Dec. 1, 2014. A study looking at 646 wildlife deaths along the railway tracks in Banff and Yoho national parks in Alberta and British Columbia has found that train speed is one of the biggest factors. THE CANADIAN PRESS/Frank Gunn
Study finds train speed a top factor in wildlife deaths in Banff, Yoho national parks

Research concludes effective mitigation could address train speed and ability of wildlife to see trains

A airport worker is pictured at Vancouver International Airport in Richmond, B.C. Wednesday, March 18, 2020. THE CANADIAN PRESS/Jonathan Hayward
Canada extends COVID restrictions for non-U.S. travellers until Jan. 21 amid second wave

This ban is separate from the one restricting non-essential U.S. travel

Langley RCMP issued a $2,300 fine to the Riverside Calvary church in Langley in the 9600 block of 201 Street for holding an in-person service on Sunday, Nov. 29, 2020, despite a provincial COVID-19 related ban (Dan Ferguson/Black Press Media)
Updated: Langley church fined for holding in-person Sunday service

Calvary church was fined $2,300 for defying provincial order

(File photo)
Vancouver police warn of toxic drug supply after 7 people overdose at one party

Seven people between the ages of 25 to 42 were taken to hospital for further treatment.

A man walks by a COVID-19 test pod at the Vancouver airport in this undated handout photo. A study has launched to investigate the safest and most efficient way to rapidly test for COVID-19 in people taking off from the Vancouver airport. The airport authority says the study that got underway Friday at WestJet’s domestic check-in area is the first of its kind in Canada. THE CANADIAN PRESS/HO, Vancouver Airport Authority *MANDATORY CREDIT*
COVID-19 rapid test study launches at Vancouver airport for departing passengers

Airport authority says that a positive rapid test result does not constitute a medical diagnosis for COVID-19

Elissa McLaren broke her left elbow in the Sept. 20, 2020 collision. (Submitted)
Surviving victims of fatal crash in Fraser Valley asking for help leading up to Christmas

‘This accident has taken a larger toll financially, mentally and physically than originally intended’

Most Read