meng;extradition;china;search;seizure;border;canada;charter;constitution

Another Rule of Law Test in the Meng Extradition Matter

The Meng extradition proceeding will clearly test one area of Canadian law: extradition law. (See here). It will also now probe another: constitutional rights at the border. Ms Meng’s lawyers filed a civil action suing officials (and especially the CBSA) for detaining Ms Meng at the border. There (plaintiffs allege) officials conducted pretextual border detention, questioning and searches (including of her electronic devices, for which she provided the passcode) in aid of US authorities, not in support of Ms Meng’s arrest for extradition purposes. The statement of claim is posted here. There have been questions about the legal niceties of this case. We offer a few quick observations.