不良研究所

The death sentence recently meted out  in China is another ratcheting up of pressure on Canada by Chinese authorities.

It came after Canada arrested Huawei CFO  in Vancouver at the request of the United States, which wants her to stand trial on charges related to breaking American laws prohibiting trade with Iran.

Prime Minister Justin Trudeau  for 鈥渁rbitrarily鈥� applying the death penalty in the Schellenberg case that has, until now, languished in the Chinese justice system. Schellenberg was initially sentenced to 15 years in prison for his role in trying to smuggle 222 kilograms of 

China has responded by criticizing Trudeau for not having 鈥渢he slightest respect for the rule of law鈥� and  Both sides also escalated travel advisories for their citizens, urging 

鈥楶ressure point鈥�

There is no question that the sudden attention given to Schellenberg is related to the Meng arrest and is another pressure point that China is applying to Canada.

However, China has been somewhat more astute in highlighting Schellenberg鈥檚 case in comparison to its clumsy detentions of two other Canadians 鈥� former diplomat Michael Kovrig and businessman Michael Spavor 鈥� which occurred right after Meng鈥檚 arrest and 

Drug trafficking is recognized as a serious crime everywhere. A number of countries 鈥� such as Singapore, Indonesia and, yes, China 鈥� apply the death penalty in many serious 

According to , Schellenberg has a criminal record in Canada with 11 offences dating back to 2003, including several for drug trafficking for which he has spent time in Canadian prisons.

Judging by his track record and the apparent evidence, he is no simple tourist. But does this mean that he merits the death penalty for his offences, or is he a political pawn? The timing of his sudden retrial very much suggests the latter.

But ramping up the rhetoric against China is unlikely to achieve the outcome Canada desires. In fact, just the opposite could happen.

Canada doesn鈥檛 have the death penalty, and it鈥檚 legitimate and consistent with our values to request other countries to respect that position. But not all do, 

Touched a nerve

To publicly accuse China of arbitrarily imposing a death sentence is to touch a raw nerve in China, which maintains that it also follows the rule of law.

While there are many good reasons to question that position, China will maintain that there are plenty of precedents for imposing capital punishment for drug trafficking in China, and that they should not be expected to make an exception simply because the accused is a foreigner.

The intemperate opinion piece by Chinese ambassador Lu Shaye, which I myself , accused Canadian 鈥渆lites鈥� of practising 鈥渨hite supremacy鈥� for arguing that Kovrig鈥檚 and Spavor鈥檚 detention were unlawful while Meng鈥檚 was in accordance with the rule of law.

That kind of inflammatory language is unhelpful, but whether China actually believes that Canada is imposing double standards   鈥� one for Canadians and a different one for Chinese   鈥� or at least chooses to play that card, the fact remains that Schellenberg is vulnerable.

That鈥檚 because China could easily make an example of him just to show that he is subject to the same laws and punishments as a Chinese citizen convicted of drug trafficking.

Rather than accusing China of arbitrariness and  it would be better to acknowledge the seriousness of the allegations against Schellenberg and propose that Chinese punishment be tempered with mercy.

Asking for clemency

In fact, there are provisions in Chinese law for the death penalty to  For China to take that position in Schellenberg鈥檚 case would strengthen its position that this case has not been politicized, but is being dealt with according to law.

Foreign Minister  that Canada has asked China for clemency in this case. That鈥檚 the right approach. While  that China has rejected Canada鈥檚 appeal, so far there has been no final decision by the Supreme People鈥檚 Court.

Pushing China into a corner and escalating the condemning language on this case is a high-risk proposition. If the Chinese can be convinced to spare Schellenberg鈥檚 life, it won鈥檛 be due to threats. Lowering the temperature on the rhetoric on both sides can only help.

It鈥檚 tempting to respond with strong language and threats of consequences, as some have suggested. But now is the time to give China the chance to show the world that while the Chinese justice system can mete out punishment, it can also exercise compassion, demonstrating that Chinese justice can be a combination of both retribution and rehabilitation.

Whatever his sins, Schellenberg deserves that chance. Let鈥檚 hope that China rises to the occasion.