Majcher defence says Crown hasn’t proven its case

The defence counsel for William Majcher, a former Mountie accused of preparing to coerce a Canadian resident for the benefit of the Chinese government, says the case against him is “purely circumstantial,” and hasn’t proved Majcher was referring to his alleged target in an email that was a central piece of evidence.

Ian Donaldson says there’s no usable evidence showing his client “ever knew anything” about the man.

Donaldson told Majcher’s British Columbia Supreme Court trial that the email at the centre of the Crown’s case does not name the person Majcher described as a “crook” he hoped to convince to agree to a settlement with Chinese authorities.

He says it would be “unsafe” to infer the subject of Majcher’s 2017 email was Kevin Sun, a Vancouver-area real estate mogul the Crown has accused Majcher of preparing to extort as a “proxy” for Chinese authorities.

Majcher pleaded not guilty to one charge under Canada’s Security of Information Act as his judge-alone trial got underway in Vancouver on April 20.

Crown prosecutor Ryan Carrier previously told the trial that Chinese authorities turned to Majcher — who was operating an asset recovery business based in Hong Kong — after the RCMP decided to stop assisting in the pursuit of Sun, and the former Mountie’s alleged actions were an “affront” to Canadian sovereignty.

But Donaldson told Monday’s hearing the Crown’s “purely circumstantial” case against Majcher failed to prove that he was referring to Sun and that he had a settled intention to commit the alleged offence at the time he wrote the email.

If a fraudster were living in Canada on the proceeds of crime, it would be in the public interest to pursue that person, Donaldson added.

Majcher’s defence counsel elected last week not to call any evidence at the trial.

The trial has heard Sun was accused of defrauding a Chinese state bank and absconding to Canada with about $120 million in the early 2000s.

It has also heard Majcher’s email to a colleague in June 2017 related to an effort to recover proceeds from a fraud matching the details of Sun’s alleged crime.

Prosecutor Ryan Carrier previously quoted Majcher as writing in the email that he hoped to “impress upon the crook that we hold the keys to his future.”

An earlier court ruling indicates Majcher added “the Chinese want to use this as a precedent case to settle economic crimes quietly and expeditiously.”

The April 1 ruling also includes an email in which Majcher apparently wrote that if the “target” co-operated, he hoped to settle the matter within a few weeks. “If he fights then (there) will be extradition request and lengthier process but we feel he is motivated to co-operate as we can guarantee him his passport and no jail time.”

Only Chinese authorities would be in a position to make promises that Sun would receive a passport and avoid jail time if he co-operated, Carrier said Friday.

He said Majcher is charged under the section of Canada’s security legislation that deals with preparing to commit an offence under the same law, including actions for the benefit of or in association with a foreign entity or terrorist group.

Majcher’s intended message for Sun was the Chinese government “is coming for you,” Carrier said, adding a “veiled” reference may amount to extortion.

With Majcher’s help, he said Chinese police were able to “project” their power beyond China’s borders into Canada, constituting unauthorized foreign interference.

Donaldson said Monday the Crown’s evidence came down to a few sentences in an email that was otherwise lawful. “It would be wrong in principle to extract a sentence or two, construe those in the most negative possible fashion, in order to conclude that that was the only reasonable inference, that these were steps preparatory, specifically directed toward carrying out a coercive-based offence.”

He said prosecutors hadn’t proven Majcher intended to act unlawfully, and to find him guilty the court would have to conclude that “mental element” was present.

Donaldson told Devlin she could not look at Majcher’s statement that he hoped to “impress upon the crook that we hold the keys to his future” and come to the conclusion the remark reached the standard for criminal coercion.

Before the trial, the court found Majcher’s arrest at Vancouver’s airport in 2023 occurred without reasonable or probable grounds, breaching his Charter rights.

The court had also ruled that a warrant authorizing a search of another former Mountie’s home as part of the investigation into Majcher was invalid.

This report by The Canadian Press was first published April 27, 2026.

By Brenna Owen | Copyright 2026, The Canadian Press. All rights reserved.