B.C. Judge Rules Arrest of Ex-RCMP Officer in China Case Violated Charter Rights
A British Columbia Supreme Court judge has delivered a significant pretrial ruling, declaring that the arrest of retired RCMP inspector William Majcher, who faces charges of assisting the Chinese government, was both premature and illegal. The judgment, released on Friday, states that Majcher's arrest in July 2023 at Vancouver International Airport violated his Charter rights under Section 9 of the Canadian Charter of Rights and Freedoms, which protects against unlawful arrest and detention.
Details of the Case and Upcoming Trial
Majcher's trial is scheduled to commence on Monday, where prosecutors will argue he is guilty of one count of "preparatory acts" to commit an offence under Canada's Security of Information Act. The government alleges that in 2017, Majcher collaborated with the People's Republic of China to threaten Hongwei (Kevin) Sun, a B.C. resident, in an effort to persuade him to return to China with his assets. This was reportedly part of China's global anti-corruption operations, as outlined in the pretrial ruling by Justice Martha Devlin.
Sun was wanted in China for financial crimes involving hundreds of millions of dollars and was accused of investing heavily in Vancouver real estate. The RCMP investigation, which spanned nearly two years before Majcher's arrest, found that he had conspired with the Chinese government and others to assist in repatriating former residents and their assets. An officer testified that Majcher was valuable due to his extensive network of contacts, intelligence, and knowledge.
Judge's Ruling on Evidence and Arrest
Justice Devlin concluded that the arrest, conducted by Quebec RCMP who led the investigation, was unlawful because police lacked "sufficient credible and compelling information" to justify it. She noted that the evidence did not meet the threshold of "credibly based probability of criminal conduct" required for a lawful warrantless arrest, instead relying on "suspicion, speculation, hypotheses and guesswork."
In addition to the Charter ruling, Devlin issued three other pretrial judgments after hearings in March. She ruled that prosecutors could use some evidence from the FBI but barred other evidence and disallowed an expert witness for the prosecution from testifying.
Background on William Majcher
Majcher, who specialized in undercover operations and economic crime during his tenure, retired from the RCMP in Vancouver in 2007. He subsequently founded a company in Hong Kong focused on asset recovery work, which he discussed openly, according to Devlin's written findings. His arrest has sparked debate over the boundaries of national security investigations and individual rights in Canada.
The ruling underscores the legal complexities in cases involving foreign interference and highlights the judiciary's role in upholding constitutional protections. As the trial proceeds, it will test the prosecution's theory and potentially set precedents for similar cases under the Security of Information Act.
