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加拿大法学教授的意见:在加拿大相关法律,孟晚舟的行为不构成欺诈(即使美方有实锤证据)。

加拿大的相关法律的对外国人管辖范围为此事发生在加拿大(或者此案中相应的美国)。

At the moment it appears that the basis of the U.S. case is fraud and conspiracy to defraud, with some relation to breach of sanctions. Fraud offences are known to Canadian law, and under our Special Economic Measures Act, it is an offence to have economic dealings with foreign states against which the government has issued sanctions, and Iran is one of the listed states. While this may be a parallel to the relevant U.S. laws, one important difference is that Canada’s law is not applied against foreign nationals who act outside Canada, whereas it appears the U.S. is pursuing Ms. Meng for conduct that did not touch American territory. Moreover, sanctions are as much a tool of foreign policy as they are a form of regulation, and an extradition case on this basis will be breaking new ground, and courting uncertainty.
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