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A senior Liberal MP says it’s still
safe to travel to China today even
as the fate of two Canadians ar-
rested by Beijing remains uncer-
tain, but some former diplomats
and analysts advise extra pru-
dence.
Robert Oliphant, the parlia-
mentary secretary to the Minister
of Foreign Affairs, said the travel
environment for Canadians in
China remains unchanged from
yearsprevious.Heofferedthisad-
vice even though former diplo-
matMichaelKovrigandentrepre-
neur Michael Spavor remain in
Chinese jails more than half a
year after they were seized by
Beijing in what critics call “hos-
tagediplomacy.”Theirdetentions
camesoonafterOttawaarresteda
Chinese technology executive.
“We are saying it is still safe,”
Mr. Oliphant said this week.
“These, I think, were very target-
ed abductions.
“We don’t have any sense that
Canadians going to China would
be in any different situation than
theyhavebeeninpreviousyears.”
Ottawa’s official guidance for
Canadians contains qualifiers.
The top-line advice offered by
Canada’s Foreign Ministry on its
website regarding travel to China
is: “Exercise a high degree of cau-
tion in China due to the risk of ar-
bitrary enforcement of local
laws.”
Colin Robertson, a former Can-
adian diplomat, says business
people and former diplomats
should think carefully before vis-
itingChinarightnow.“Ifyouhave
to go, I’d get assurance from
whomever you’re going to see –
from the Chinese host – that you
are okay.”
He said Canada needs to keep
doing business with China, but
advises caution.
Mr. Robertson, whose career in
the foreign service spanned 30
years, said he personally declined
an invitation to China around the
end of the June. “I don’t want to
become a butterfly in their collec-
tion.”
He said every case is different.
“If you’re going as a student,
you’re probably fine,” he said.
Likewise, if one is “an ordinary
Joewithatourist[trip]andyou’re
with a group, you’re probably
okay.”
He advises business people
considering invitations from con-
tacts in China to raise the safety
question with their hosts first. “Alot of business [in China] has a
linktoeitherprovincialormunic-
ipal government. Let them know
you are concerned about this.”
Relations between Canada and
China have deteriorated signifi-
cantlysinceCanadianofficialsde-
tainedHuaweichieffinancialoffi-
cer Meng Wanzhou last Decem-
ber on an extradition request
from the United States. The
Americans allege she helped the
company violate U.S. economic
sanctions against Iran.
Mr. Kovrig and Mr. Spavor, ar-
rested in China shortly after, re-
main jailed, cut off from family
and lawyers, and have been
charged with espionage. Chinese
authorities have confiscated Mr.
Kovrig’s reading glasses. In con-
trast to the conditions the Cana-
dians face, Ms. Meng is free on
$10-million bail and living in a
multimillion-dollar home in Van-couver as she awaits an extradi-
tion hearing in January.
Guy Saint-Jacques, who served
as Canada’s envoy to China, said
he has no reservations about the
Canadiangovernment’s official
travel advisory, including the “ex-
ercise a high degree of caution”
line. “It’s safe for Canadians to
traveltoChina,”Mr.Saint-Jacques
said.
But Michael Bociurkiw, a Cana-
dian global affairs analyst and a
former spokesperson for the Or-
ganization for Security and Co-
operation in Europe and UNICEF,
said he believes Mr. Oliphant’s
travel advice is too rosy.
“Idon’tbelieveit’ssafeforCan-
adians to visit China at the mo-
ment. Particularly Canadians
who’vepostedanythingcriticalof
China on their social-media ac-
counts. Or who’ve said anything
critical on air,” Mr. Bociurkiwsaid.
Former diplomat David Mulro-
ney, who has urged Canadians to
avoid non-essential travel to Chi-
na, said Canada’s official govern-
menttraveladvisoryincludessuf-
ficient caution.
“I don’t think you can say, on
the one hand, that you should ex-
ercise a high degree of caution,
and, on the other, that travel to
Chinaissafe.Inmyopinion,mak-
ing the first statement is suffi-
cient. Going further ... takes us
beyond a prudent statement of
the facts into promotion,” said
Mr. Mulroney, who served as Can-
ada’s envoy to China between
2009 and 2012.
“China travel has always been
risky for some Canadians, such as
thoseofUyghurorTibetanorigin,
human-rights advocates, Falun
Gong practitioners and small-
business people, often of Chinese
origin, who fall afoul of local au-
thorities when deals go sour,” he
said.
“But now that we’re in the
midst of a crisis with China, one
that shows no sign of ending
soon, the risk is higher – by how
much is impossible to measure –
for everybody. A higher degree of
caution is indeed in order.”
Mr.Mulroneysayshebelievesa
more circumspect approach is
needednowaspartofanecessary
rethink in Canada’s China policy.
“I am not advocating gratui-
tously insulting China. But I am
suggesting that we temporarily
step back from an engagement
policy that sees us advocating
travel unconditionally,” Mr. Mul-
roney said.
“Taking a pause from promo-
tion and being more circumspect
would be safer and more in line
with the advice onthe govern-
ment’s own website. It would also
signal to our diplomats that we
need to shift from promotion, to
policy formation, to thinking
about a smarter approach to en-
gaging China.”LiberalMPsaysitisstillsafetotraveltoChina
Oliphantsaystravel
environmentfor
Canadiansissimilar
topastyears,butothers
advisemorecaution
STEVENCHASEOTTAWA
RobertOliphant,LiberalMPandparliamentarysecretarytotheMinisterofForeignAffairs,saysthedetentions
ofMichaelSpavorandMichaelKovrigwere‘verytargetedabductions.’JUSTINTANG/THECANADIANPRESSThe United States on Wednesday
imposed sanctions on Iranian
Foreign Minister Mohammad Ja-
vad Zarif, targeting the country’s
top spokesman and potentially
hurting chances of diplomatic
talks amid rising tensions be-
tween the two countries.
Mr. Zarif, a critical figure in the
2015 Iran nuclear deal, dismissed
the action and said it would not
affect him. U.S. President Donald
Trump pulled the U.S. out of the
deal last year and ramped up
sanctions to put pressure on
Iran’s economy. The move dis-
mantled part of former president
Barack Obama’s legacy and upset
U.S. allies who were party to the
agreement, which was designed
to restrict Tehran’s pathway to a
nuclear bomb in exchange for
sanctions relief.
Strains between Washington
and Tehran have risen more in re-
cent months after attacks on
tankers in the Gulf that the U.S.
blames on Iran and Iran’s down-
ing of a U.S. drone.
“Javad Zarif implements the
reckless agenda of Iran’s Su-
preme Leader, and is the regime’s
primary spokesperson around
the world. The United States is
sending a clear message to the
Iranian regime that its recent be-
havior is completely unaccept-
able,” Treasury Secretary Steven
Mnuchin said in a statement.
The sanctions against Mr. Zarif
would block any property or in-
terests he has in the U.S., but he-
said he had none.
REUTERS
U.S.levies
sanctionson
Iran’sForeign
Minister
JEFFMASONWASHINGTON
The Supreme Court has restored a convic-
tion in a sexual-assault case, despite con-
cludingthattheaccusedmanwasdeprived
ofhisrighttoquestionthecomplainanton
her sexual history.
It is the third ruling in three months in
which the court has attempted to clarify a
law that protects sexual-assault complai-
nants from intrusive questioning, and to
send a message to sexual-assault survivors
thattheircomplaintsaboutthejusticesys-
temareregisteringatthehighestcourtlev-
el.
“Inquiries into any individual’s sexual
historyarehighlyintrusive,”JusticeAndro-
macheKarakatsaniswroteforthemajority,
andinareferencetotheunderagecomplai-
nant, added: “The threat to the complai-
nant’s dignity and privacy is even higher
when the proposed questions surround
the conduct of a 15-year-old.” Others in the
majority were Chief Justice Richard Wag-
ner,JusticeMichaelMoldaver,JusticeRosa-
lie Abella and Justice Sheilah Martin.
The Crown, not the defence, introduced
the15-year-oldcomplainant’ssexualhisto-
ry, eliciting from her that she had been a
virgin before attending a family camping
trip in Cayuga, Ont., on Canada Day week-
end in 2013, when she said a 20-year-old
cousin sexually assaulted her, leading to a
pregnancy. (The case is known as R.V., to
protect the complainant’s identity.) The
20-year-old denied any sexual involve-
ment with his cousin.
When lawyers for the defendant asked a
lower-court judge for permission to ques-
tionthecomplainantastowhethershehad
been engaging in sexual activity with any-
oneelsearoundthetimeshebecamepreg-
nant,thejudgesaidthefederalrape-shield
law prohibited the question. The law pro-
hibits any use of sexual history to argue a
complainantwaslesscredibleormorelike-
ly to consent, though other uses may be
permitted by a judge.
Ontario Court Justice Kathleen Baker,
who had not made the initial rape-shield
ruling, refused to reconsider the issue and
convicted the man of sexual interference(Canada’s age of consent is 16), saying his
testimony had lacked credibility; she sen-
tenced him to four years in prison. The On-
tarioCourtofAppealthrewouttheconvic-
tionandorderedanewtrial.Ontarioprose-
cutors appealed to the Supreme Court.
The highest court ruled 5-2 that prohib-
iting the defendant’s question was an un-
fair way to apply the rape-shield law; how-
ever,themajorityfoundtheaccusedman’s
lawyers had nonetheless managed to con-
duct an effective cross-examination, and
the man had still received a fair trial. The
dissenters – Justice Russell Brown and Jus-
tice Malcolm Rowe – accused the majority
of turning established precedent “on its
head” by convicting a man denied the
cross-examination to which he was entit-
led.
In addition to the guilty
verdict, the court’s majority
said that in sexual-assault
cases from here on, defence
lawyers may need to propose
specific questions to judges
before asking them. It also
stressed that judges need to
keep a close eye on the ques-
tioning of complainants,
when they have given initial
approval for limited ques-
tioning of sexual conduct.
The case highlighted the importance of
cross-examination in sex-crimes cases:
there were no witnesses and, while there
wasapregnancy,therewasnophysicalevi-
denceofwhothefatherwas.(Thecomplai-
nant terminated the pregnancy and the
fetal tissue was disposed of.)
Megan Savard, a lawyer for the accused,
said in an interview she was disappointed
for her client.
“It’s hard to reconcile,” she said of the
guilty verdict, despite the limits on her cli-
ent’s right to cross-examine.
She also said the majority had oversim-
plified what cross-examination is about.
“Conducting an effective cross-examin-
ation is not just a matter of identifying the
facts you want to elicit, putting them on a
list and then checking that list off like a ro-
bot.” She added that it would often be im-
practical to have specific questions ap-proved in advance, because during pretrial
hearings, lawyers may not know yet what
questions will be necessary.
In three cases since May, the Supreme
Courthastriedtoendconfusioninthelow-
er courts over Canada’s 25-year-old rape-
shield law. The first of the three cases, Bar-
ton, a murder case, was the most contro-
versial.AnIndigenousmotherofthreehad
died from blood loss during or after two
consecutivenightsofapaidsexualengage-
ment.AnAlbertatrialjudge,JusticeRobert
Graesser, allowed evidence of the first
night’s activity to be admitted without a
rape-shieldhearing,andeventuallyacquit-
ted the man of murder and the lesser
chargeofmanslaughter.(Whetherasexual
assault had occurred was relevant to man-
slaughter.) The Supreme
Courtthrewouttheacquittal
and ordered a new trial on a
charge of manslaughter.
In Goldfinch, also an Al-
berta case, the accused man
hadbeenpermittedattrialto
introduce evidence that he
and the complainant were
“friends with benefits,” and
he was found not guilty. On
appeal, the Supreme Court
saidinJunethattheevidence
was not relevant, and ordered a new trial.
Thelatestcase,R.V.,featuredaprovision
of the rape-shield rule that says that to the
limited extent defence lawyers may raise a
complainant’s sexual history, they must
point to specific instances. The initial low-
er-courtrulingwasthatthedefencewason
a “fishing expedition” without specific in-
stances in mind. But the Supreme Court
wasunanimousthatthatwasafaultyinter-
pretation in the circumstances of R.V.’s
case.
Emma Cunliffe, who specializes in
sexual-assault law at the University of Brit-
ish Columbia, applauded the ruling, and
the previous two.
“I think these three, read together, send
a very clear message to Crowns, defence
counsel and especially to trial judges that
they share the responsibility of carefully
policing the introduction of sexual-history
evidence,” she said in an interview.SupremeCourtrestoresconvictioninsex-assaultcasein
latestattempttoclarifylawmeanttoprotectcomplainants
SEANFINEJUSTICEWRITERInthreecasessince
May,theSupreme
Courthastriedto
endconfusioninthe
lowercourtsover
Canada’s25-year-old
rape-shieldlaw.| NEWSOTTAWAFederal officials say Ottawa was
not consulted in advance about the de-
tails of a Trump administration proposal
announced Wednesday aimed at allowing
American patients and consumers to
legally import cheaper prescription drugs
from Canada.
The office of Health Minister Ginette
Petitpas Taylor says while it remains in
regular contact with counterparts from
the U.S. Department of Health and
Human Services about their “mutual
interest” in fostering lower drug prices,
details of the surprise announcement by
Health and Human Services Secretary
Alex Azar were not discussed beforehand.“While we’re aware of ongoing state-led
initiatives to import Canadian drugs, we
weren’t consulted on specifics,” the office
said in a statement. Mr. Azar, a former
drug industry executive, said U.S. patients
will be able to import medications safely
and effectively with oversight from the
Food and Drug Administration under a
scheme that prompted many defenders of
Canada’s drug supply to sound the alarm.
The plan amounts to nothing short of a
“clear and present danger” to the health
and well-being of Canadians who need
prescription medications, said John
Adams, the volunteer chairman of the
Best Medicines Coalition, a non-profitorganization representing 28 national
patient organizations.
“This is really serious,” said Mr. Adams,
who warned that the existing supply of
drugs in Canada is not always sufficient to
meet the current needs of Canadians, let
alone a sudden surge in demand from
south of the border.
The federalgovernment may not be
suitably equipped to protect the drug
supply, he added, suggesting Parliament
ought to be recalled before the October
election in order to establish a mecha-
nism to ensure Canadians have ample
access to the medications they need.
THECANADIANPRESSOTTAWAWASNOTCONSULTEDONSPECIFICSOFU.S.PLANTOIMPORTPRESCRIPTIONDRUGS,OFFICIALSSAY