China's Supreme People's Court has overturned the death sentence of Canadian Robert Lloyd Schellenberg and ordered a retrial at the Liaoning High People's Court. Schellenberg, detained since 2014 and sentenced to death after a 2019 one-day retrial, denies wrongdoing. Global Affairs Canada confirmed it will continue consular support and has sought clemency. The decision arrives amid efforts by Canada to repair relations with China after earlier diplomatic tensions.
China's Supreme Court Overturns Canadian Robert Schellenberg's Death Sentence, Orders Retrial
Canada's Prime Minister Mark Carney and China's President Xi Jinping (Arif Kartono)(Arif Kartono/AFP/AFP)
China's top court has overturned the death sentence of Canadian national Robert Lloyd Schellenberg, his lawyer and a Canadian official confirmed. The Supreme People's Court announced the decision on Friday, and Schellenberg will be retried by the Liaoning High People's Court; no date has yet been set.
Schellenberg was first detained on drug charges in 2014. In January 2019, after a one-day retrial in northeast China, a court upgraded his previous 15-year sentence to the death penalty, accusing him of a central role in a scheme to ship narcotics to Australia. Amnesty International criticized that retrial as "a flagrant violation of international law." Schellenberg has consistently denied any wrongdoing.
Schellenberg's Beijing-based lawyer, Zhang Dongshuo, told AFP he met his client in Dalian on Friday and that Schellenberg appeared "relatively relaxed." A Canadian government official, speaking on condition of anonymity, also confirmed the Supreme People's Court decision.
Consular Support And Diplomatic Context
Global Affairs Canada issued a statement attributed to foreign ministry spokesperson Thida Ith, saying the department "is aware of a decision issued by the Supreme People's Court of the People's Republic of China in Mr. Robert Schellenberg's case" and that it "will continue to provide consular services to Mr. Schellenberg and to his family." The statement reiterated that Canada advocates clemency for Canadians facing the death penalty.
Observers note the ruling comes as Ottawa seeks to rebuild working ties with Beijing after a period of severe diplomatic strain that followed the 2018 arrest in Vancouver of Huawei CFO Meng Wanzhou. Beijing's response to that arrest included the detention of Canadians Michael Spavor and Michael Kovrig on espionage charges — detentions that Ottawa described as retaliatory.
Where Things Stand
The Supreme People's Court's decision removes the immediate prospect of execution and returns Schellenberg's case to the Liaoning High People's Court for a new hearing. He remains in custody in Dalian pending the retrial. Global Affairs Canada declined to comment on whether recent diplomatic engagement affected the court's ruling, citing privacy considerations.
"Canada has advocated for clemency in this case, as it does for all Canadians who are sentenced to the death penalty," the ministry said.
Background developments of note: Meng Wanzhou was released in September 2021, and both Michael Spavor and Michael Kovrig were freed the same month.
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