Extradition hearings

Trudeau condemns Chinese court's 11-year jail sentence of Canadian Michael Spavor

The development comes as extradition hearings for Huawei's Meng Wanzhou are winding down in Vancouver.

By ANDY BLATCHFORD

Prime Minister Justin Trudeau condemned a Chinese court decision Wednesday as "absolutely unacceptable and unjust" after it sentenced a Canadian entrepreneur to 11 years in prison for espionage.

U.S. Secretary of State Antony Blinken is calling for the immediate and unconditional release of Spavor and fellow Canadian Michael Kovrig.

"The practice of arbitrarily detaining individuals to exercise leverage over foreign governments is completely unacceptable," he said in a statement released after the ruling by a court in Dandong. "People should never be used as bargaining chips."

The case of Michael Spavor, along with the legal ordeals of two other Canadians, are at the nexus of nearly 1,000 days of frayed diplomatic relations between Ottawa and Beijing.

“China’s conviction and sentencing of Michael Spavor is absolutely unacceptable and unjust," Trudeau said in a statement after the ruling by a court in Dandong. “Today’s verdict for Mr. Spavor comes after more than two and a half years of arbitrary detention, a lack of transparency in the legal process, and a trial that did not satisfy even the minimum standards required by international law."

Dominic Barton, Canada's ambassador to China, said Spavor's sentence also includes a fine and a deportation order, though the timing of when it would apply is not immediately clear. Spavor will also have an opportunity to appeal the sentence, he said.

The backdrop: Spavor’s verdict and sentencing was revealed Wednesday, the second major courtroom hearing in China this week involving a Canadian.

The developments come as extradition hearings for senior Huawei executive Meng Wanzhou are winding down in Vancouver. Canadian authorities arrested Meng in December 2018 on a U.S. extradition warrant, a move that infuriated Beijing.

The Canadians: Spavor was arrested in China nine days after Meng. The businessperson, who introduced basketball legend Dennis Rodman to North Korean leader Kim Jong Un, was tried in secret in March.

The same day of Spavor’s arrest, Chinese authorities rounded up Kovrig, a Canadian diplomat on leave. Kovrig was also tried on espionage charges behind closed doors a few days after Spavor. No date for his verdict has been made public.

On Tuesday, another court upheld a death penalty ruling for Canadian Robert Schellenberg, whose initial sentence for a drug-trafficking conviction was 15 years behind bars. A retrial for Schellenberg, a few weeks after Meng’s arrest, transformed his jail term into a death sentence.

The efforts: Trudeau has condemned the arrests of Spavor and Kovrig. The charges against them, Trudeau has said, are “trumped-up.” The high-profile cases of the "two Michaels" have become a top foreign policy challenge for Trudeau.

In an effort to put pressure on Beijing, Trudeau has repeatedly urged international allies to call for their release.

In February, President Joe Biden vowed to fight for Spavor and Kovrig. So far, it’s unclear how Biden intends to help.

In the statement released Wednesday, Blinken said the U.S. is deeply troubled by the lack of transparency around the cases. He said he's previously discussed the plight of Kovrig and Spavor with Chinese officials.

The three Canadians are unlikely to see any change in their legal situations unless Meng is freed. U.S. Department of Justice officials have held talks with Meng's legal team about the possibility of a deferred prosecution agreement, according to sources familiar with the conversations.

The reaction: Barton spoke Wednesday with reporters via video link from Dandong following Spavor's hearing.

Barton met with Spavor after the verdict and relayed three messages through the ambassador to those concerned about him.

“One: Thank you for all your support, it means a lot to me. Two: I am in good spirits. And three: I want to get home,” Barton said echoing Spavor.

"We condemn in the strongest possible terms this decision rendered after a legal process that lacked both fairness and transparency," he added. "We will continue to work tirelessly to secure their freedom."

On Tuesday, after the Schellenberg decision, Barton was asked by reporters about a connection between Meng’s extradition proceedings and the cases of the three Canadians in China.

“I don’t think it’s a coincidence these are happening right now while events are going on in Vancouver,” said Barton, who added it was “part of the geopolitical process of what is happening.”

Barton said the Schellenberg case will be sent to the Supreme People’s Court for review.

“Our thoughts are with Robert and his family. It’s obviously a very difficult time,” Barton said in a statement outside the courthouse. “Canada condemns this verdict on all possible terms and, again, we call on China to grant Robert Schellenberg clemency. We’ve expressed our firm opposition to this cruel and unusual punishment.”

Canadian officials thanked the governments of Australia, France, Germany and the U.S. for sending representatives to the courthouse.

Backdrop and repercussions: Canada-China diplomatic relations rapidly deteriorated after the arrests of Meng, Spavor and Kovrig.

In the months that followed, China also blocked some shipments of key Canadian agricultural products, including canola seed, soybeans and, temporarily, pork.

The politics: The courthouse developments in China come amid high expectations that Trudeau is poised to trigger a snap election. A campaign would put a spotlight on his efforts, unsuccessful so far, to help the three Canadians and on his approach to China in general.

Opposition leaders offered clues Tuesday on how they might address the issue during an election campaign:

— Conservative Leader Erin O’Toole told reporters that Canada should consider a boycott of the 2022 Beijing Olympics. “The denial of Robert Schellenberg’s appeals must be seen for what it is — a foreign government planning to take the life of a Canadian for political reasons,” O’Toole said. “The use of the death penalty is abhorrent, but to impose it for political reasons is inexcusable. … The Chinese Communist Party needs to know that the world is watching.”

— New Democrat Leader Jagmeet Singh told a separate press conference Tuesday that Canada must use all its tools and resources to secure the releases of Spavor and Kovrig, and to help Schellenberg. “This is a Canadian, we need to save his life,” Singh said.