A former RCMP officer charged with helping China conduct foreign interference is asking the court to quash the indictment over a jurisdictional issue.
Lawyers for William Majcher contend that Quebec is the wrong place to hear the case and the charges should have been filed where the offences are alleged to have occurred.
They are asking a Quebec court judge to quash the indictment and force the Crown to charge him in another province, either British Columbia or Ontario.
Majcher is charged under the Security of Information Act with conspiracy and with committing preparatory acts for the benefit of a foreign entity.
Authorities allege Majcher, 61, a resident of Hong Kong, used his network of Canadian contacts to obtain intelligence or services that benefited the People’s Republic of China.
The federal Crown says that in cases involving the Security of Information Act, a judge from any jurisdiction can hear the case.
Majcher was investigated by RCMP officers in Quebec and federal prosecutors based in the province mounted the case against him.
He was arrested in Vancouver in July and released after bail was granted by a judge in Longueuil, Que., south of Montreal. While Majcher has not yet entered a plea, his lawyer has told the court he intends to plead not guilty to both charges.
A judge is set to rule on Majcher’s request next month, ahead of scheduled trial dates in October.