Snowden Delighted Hong Kong Friends Find Refuge in Canada

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‘Best news in long, long time’: Edward Snowden hails Canadian

resettlement of refugee family who sheltered him in Hong Kong

29 Sep, 2021 10:49

FILE PHOTO. The seven 'Snowden refugees' in Hong Kong. Supun Kellapatha on the right with his daughter Sethumdi in pink and Nadeeka Nonis holding their son Dinath. Mae Rodel on the left with daughter Keana. Ajith Puspa behind.

©Jayne Russell / Global Look Press

Canada has finally agreed to grant residency to a Sri Lankan family that was among the refugees who offered hospitality to NSA whistleblower Edward Snowden when he went to Hong Kong to share classified materials with journalists.

Snowden spent two weeks hiding from possible pursuers at various locations in a poor area of Kowloon Walled City in the semi-autonomous Chinese city in 2013. The homes of asylum seekers mostly overlooked by Hong Kong authorities were great spots to lay low. But the lives of his generous hosts were turned upside down after their Western guest became a world-famous fugitive from the US government.

This week, four of the seven so-called ‘Snowden refugees’ saw a major positive development in their lives after Canada finally accepted their bids for permanent residency. Supun Thilina Kellapatha, his wife Nadeeka Dilrukshi Nonis and their two children were allowed to fly to Toronto on Tuesday and are expected to settle in Montreal, according to a campaign advocating on their behalf. The couple are Sri Lankan nationals while their children are stateless.

“We are thrilled beyond measure to see this long ordeal finally come to an end for Supun, Nadeeka and their children,” said immigration lawyer Marc-Andre Seguin. He heads the For the Refugees non-profit organization, which offered to be a private refugee sponsor for all seven people.

After over a decade in limbo they can now begin to build new lives in Canada, reunited with the rest of their family and free of the constant fear and worry that marked their existence as high-profile asylum seekers in Hong Kong.

Snowden, who for a long time has been a vocal supporter of his ‘guardian angels’, said it was “the best news I’ve heard in a long, long time.”

The four will be reunited with Filipina Vanessa Mae Rodel and her daughter, who was born in Hong Kong. They were granted permanent residency in Canada in March 2019, but their relocation was bittersweet. Vanessa and Supun were in a relationship and he is the father of her daughter, who got separated from her dad and two step-siblings when she moved to Canada.

The seventh person in the group is former Sri Lankan soldier Ajith Pushpakumara. He remains in Hong Kong, as his application for Canadian residency makes its way through red tape. 

“I just hope that Canada will do the right thing and let him in,” Seguin told Canadian media. “They’ve been through so much together… There is that sense of belonging in the group.”

The campaign and Snowden called on Ottawa to expedite processing the immigration paperwork required for Ajith’s relocation. Applications on behalf of all seven refugees were filed in January 2017.

The four adults all fled persecution in their home countries. They sought asylum in Hong Kong, but their bids were all rejected several months after they applied for Canadian residencies. Their advocates believe city authorities took that decision in retaliation for the help they offered Snowden.

Snowden himself enjoys political asylum in Russia, where he got stranded after the US revoked his passport as he was flying from Hong Kong to Latin America through Moscow. He picked Hong Kong as the location to share materials exposing US illegal mass surveillance programs because the city for him was a “symbol of democratic resistance” to Beijing’s autocracy, according to Glenn Greenwald, one of the reporters he met with there.

Snowden went into hiding with the asylum seekers after his work with the journalists at the Mira hotel was complete. His hosts said they perceived the American as a fellow refugee seeking safety. The identities and roles that they played in Snowden’s life were first made public in 2016.

It's a little curious that Canada would do this so soon after the USA arranged the transfer of Meng Wanzhou (Huawei CFO) for the two Michaels. 

Meng (known in China as the Princess of Huawei) was arrested Dec 1st, 2018 at Vancouver Int'l Airport on a warrant from the USA for fraud (actually, for apparently bypassing American sanctions on Iran). Shortly thereafter, Michael Kovrig and Michael Spavor, both Canadians, were arrested in China on spying charges. More than 1000 days later after Meng was under house arrest in Vancouver and the two Michaels were in a Chinese prison, the USA arranged a deal with Huawei and China for Meng to plead guilty and pay a large fine. In exchange, they dropped all charges, and Meng was allowed to fly home. While still in the air, the two Michaels began flying back to Canada, their charges apparently dropped as well.

This is justice, China style - hostage diplomacy. But Canada's handling of this case was disgraceful. There is no way that Canada should have started a major diplomatic rift with China because of American sanctions. If our Liberal government had any courage it would have told Washington to do their own dirty work. Instead, Trudeau repeated many times that Canada is a country where the government doesn't interfere with the rule of law. He has already forgotten the political atrocity of SNC-Lavalin where he interfered with the Attorney-General's work so much that it cost him two of his best cabinet ministers. Of course, Canada's Liberal media glossed it over and took Trudeau's side. 

I welcome the two Michaels home, but hope they tell us how they really feel about the Liberal Government.

The Two Michaels Have Spent a Year and a Half in a Chinese Prison Because of Trudeau's Hypocrisy

Michael Kovrig and Michael Spavor

Canadians Michael Kovrig and Michael Spavor have been in a Chinese prison for more than 1.5 years. They were arrested just days after Canada did something really, really stupid. They arrested Meng Wanzhou, CFO of Huawei, as she landed in Vancouver, on request by the US. She is suspected of violating American sanctions against Iran.

Canada (ie Trudeau) should have told Trump years ago not to expect us to help with prosecuting people suspected of breaking American sanctions. Most American sanctions have to do with economic matters, not strategic matters. Trump has been bullying countries into buying American products, especially weapons systems through such sanctions. There is only one way to handle a bully and that is to stand up to him. Trudeau didn't have the courage. Jean Cretien would have told Trump to get lost, and there would never have been the arrests of the two Michaels.

To my astonishment, the extradition court didn't throw the case out of court because Meng was not accused of violating any Canadian laws. You can't be extradited from Canada for breaking a law that doesn't exist in Canada. Nevertheless, the judge somehow saw it differently. If you have read much of my other blog, you will know how much I think of Canadian judges.

So, now we have Meng leisurely lounging in one of her two Vancouver mansions, and the two Michaels surviving in a Chinese prison that is anything but luxurious. And the Liberal government is doing nothing about it, nothing! The Attorney General has the authority to dismiss Meng's case, whereupon the two Michaels will be sent home, but he won't. Why?

The Great Hypocrisy

Two years ago Trudeau greatly interfered in a case the Attorney General was allowing to go to prosecution despite backroom political maneuvering where the PM and his staff created a law specifically to rescue the company from prosecution. The company, SNC Lavalin, the most corrupt company in Canadian history, would be allowed to buy their way out of prosecution. The AG balked and got her back up the more people from the PMO pushed her. Her courage and backbone got her fired as AG and replaced with someone with a more flexible spinal column, a team player, someone who would protect the PM at the expense of the Canadian people. 

The consequence, Trudeau lost two of his best ministers, they quit. Both were women and one is indigenous. As a feminist who stands up for indigenous peoples, his hypocrisy was glaringly obvious. And, it is alarmingly obvious now as he stands before his cottage (remember when we had a parliament?) and pronounces over and over again that Canada is a country of laws and the government will not interfere with the law.

The two Michaels give Trudeau the opportunity to restate that every few days, as if it were true. I think he believes if he says it enough, we Canadians will actually believe it and forget all about the SNC-Lavalin fiasco. Consequently, it has become another fall-out from his corrupt handling of the SNC-Lavalin affair.

My question is, who approved the arrest of Meng Wanzhou in the first place? When the request came in from Washington to arrest her and hold her for extradition, who approved it? Who was the top person to authorize it? Was it a politician? If so, then politics has already interfered with the judicial system. If not, then why did we arrest someone who broke no Canadian laws? As a favour to the USA? How does that fit with politics not interfering with justice?

The Canadian government can intervene to end Meng's extradition trial. Should it?

Extradition Act allows justice minister to intervene at any point during judicial phase

Mark Gollom, Olivia Stefanovich · CBC News 

Any decision on the fate of Huawei executive Meng Wanzhou, currently awaiting a decision on extradition from Canada, is going to have political fallout. (Jonathan Hayward/Canadian Press)

While seasoned jurists say the Canadian government has every legal right to intervene to free Huawei executive Meng Wanzhou from her extradition trial to the U.S., some experts warn such an action could have significant political ramifications.

"The question isn't whether the [Canadian government] can, the question is whether they should," said Toronto-based lawyer Brian Greenspan.

In 1999, the Extradition Act was amended to include a specific provision that provides the federal minister of justice the power to intervene in an extradition at any point during the judicial phase.

"The minister has the right to withdraw the authority to proceed and to end the extradition proceeding, and it's totally at the discretion of the minister of justice," Greenspan said.

Extradition proceedings continue in the case against Meng, who was arrested in 2018 in Vancouver on behalf of American justice officials. The United States wants to prosecute Meng for fraud, alleging she lied to banks about her company's connections with Iran, which could possibly violate U.S. sanctions.

The issue of the Canadian government intervening in the case of Meng, the daughter of the Chinese technology giant's founder, was raised recently by the wife of Michael Kovrig, one of two Canadians being held in China on charges of spying.

The Trudeau government has accused China of detaining Kovrig and Michael Spavor in retaliation for the arrest of Meng. Some have suggested Canada could secure their freedom if it put an end to the extradition proceedings against Meng and allowed her to return to China. 

Trudeau has said his government continues to work behind the scenes to secure the release of the two Canadians but has ruled out a prisoner exchange.

Still in custody

The Office of the Minister of Justice and Attorney General of Canada, David Lametti, said in a statement Tuesday they are "well aware of the laws and processes governing" the extradition proceedings.

"As Ms. Meng's case remains before the courts, and the Minister of Justice has a direct role in the extradition process, it would not be appropriate to comment further on this matter," the statement said.

Former Supreme Court of Canada justice John Major said while Lametti can intervene at any time in the extradition process, it would be unusual — especially if after a prolonged court hearing, it concluded in favour of extradition.

But Major noted there may be reasons to do it, especially as Kovrig and Spavor languish in Chinese detention. 

"I would hope before the attorney general intervenes, [he] would have reasons that convince Canadians he should," Major told CBC News.

"The attorney general has to be very cautious in overruling a trial judge who has conducted a full hearing … You just want [Lametti] to act judiciously, not politically."

'Be very cautious'

Major said Canada is stuck in a difficult position, because if the attorney general quashes the judge's decision in Meng's case, the U.S. could react. Likewise, if the judge turns down extradition, China could retaliate.

"It's a delicate situation where you have the U.S. at odds with China and Canada being caught in the middle," Major said.

Donald Abelson, director of St. Francis Xavier University's Brian Mulroney Institute of Government, said he believes it would be "a very dangerous game for Canada to play in terms of succumbing to pressure" to intervene politically in the case.

"I don't think that's a game that we want to play," said Abelson, who was also a founding director of the Canada-U.S. Institute. "It puts us in a very, very precarious position because we don't want to be seen by the Americans as succumbing to Chinese political pressure."

No, we want to be seen by Americans as succumbing to American political pressure.

Abelson said Canada would be "tempting fate" with the U.S, particularly in the current political climate, where the Chinese government has become the focus of Donald Trump's ire in terms of the COVID-19 pandemic and the countries' trade war.

Abelson said Canada doesn't want to become a "punching bag" for Washington.

David Carment, a professor at Carleton University's Norman Paterson School of International Affairs, said he believes Canada's intervention would prompt the Trump administration to use it as a rallying cry to undermine Trudeau's leadership and his pursuit for a majority government when he calls an election.

"I think all sort of diplomatic gloves would come off in this case. The United States would come out fighting and work to undermine this current government's mandate," he said.

So, it seems that the AG should not interfere with the judicial system for political reasons???????

WhaaaaaT?

Christopher Sands, director of the Centre for Canadian Studies at Johns Hopkins University in Baltimore, said that the state department officials who brought the case forward against Meng would be unhappy with Canada's decision to intervene.

But Canada's decision to intervene came when they arrested Meng, in the first place.

Trump would likely be angry, send off a dismissive tweet or give Trudeau the cold shoulder at the next G7 meeting. But Sands doesn't believe it would result in major policy ramifications against Canada.

"Would it be 'Canadians are no longer allowed to cross the border?' No. The relationship between us and Canada is too big and complex for that," he said. "I can't see any lasting damage."

From CTV News:

But Treasury Board president Jean-Yves Duclos emphasized the importance of judicial independence when he was asked about this option to withdraw the extradition during his Tuesday press conference.

"In Canada, we have not only a tradition but a responsibility to work in a manner that is supportive of the integrity and the independence of our justice system," Duclos said.

"This is very important for the way in which our institutions work in Canada, we have a separation between the executive, and the legislative, as well as the judicial systems, and that's exactly what it should be."

Unless, of course, you are talking about SNC-Lavalin!