ANALYSIS | The Canadian suspected of spying on NATO was denied bail. Here’s what comes next | CBC News

The Canadian suspected of spying on the NATO military headquarters in Belgium is expected to remain in detention until her trial, which could be a year or more away.

Biwei Zhang, 33, will remain in custody after a Belgian judge on Monday denied the former NATO intern’s appeal for release.

“Today, the Chamber of Indictments decided to extend the suspect’s pretrial detention by one month,” the federal prosecutor’s office said in a statement.

Zhang must appear before a judge at regular intervals — once a month for the first three months and every two months thereafter — to determine whether pretrial detention remains appropriate.

Because of the seriousness of the allegations and the risk that the suspect may abscond, it is “rather unlikely” that Zhang will be released before the trial, one Belgian legal expert told CBC News.

“If they have a serious case with lots of indications that she might have committed an offence, then it will be hard to be released before the trial,” said Frank Verbruggen, a criminal law professor at KU Leuven, a Catholic research university in Leuven, Belgium.

The trial likely won’t begin until sometime next year “at the earliest,” he said.

Unlike in Canada, Belgian courts do not name criminal defendants until trial.

However, CBC News was first to identify the suspect as Biwei Zhang — also known by the names Claire and Catina — an intern at NATO’s Supreme Headquarters Allied Powers Europe (SHAPE) with a background in computer science and economics.

The Canadian woman was arrested on July 24, a day after her home and workplace were searched, and was subsequently charged by Belgian authorities with “spying on behalf of a third country and of being a member of a criminal organization.”

WATCH | CBC identifies suspected spy:

CBC News identifies Canadian intern accused of spying on NATO

A CBC News investigation has identified Biwei Zhang as the Canadian intern at NATO who is facing espionage charges. She previously held positions at the World Trade Organization, the European Space Agency, the Canadian Space Agency and Statistics Canada.

Sources have told Reuters and other media that the suspected third country is China.

The Chinese embassy in Canada told CBC it firmly opposes the “baseless speculations and smears against China.”

The allegations have not been tested in court.

Neither Zhang nor her lawyer responded to CBC News requests for comment.

Espionage ‘test case’

Verbruggen says the criminal organization charge is one Belgian prosecutors charge “very often,” as it is defined broadly as an association of more than two people working together to commit certain offences.

“That has the advantage that the number of investigative methods, for instance, like infiltration or covert observation and so on, are quite easy to justify,” he said.

But Verbruggen says the spying charges against Zhang will likely be a “test case” for Belgian courts, as definitions of espionage were updated in 2024 to account for modern techniques of intelligence gathering.

WATCH | Avoiding the ‘Streisand effect’:

Why prosecuting spy cases makes it harder to keep information secret

Belgian criminal law professor Frank Verbruggen explains the strategies prosecutors could use in an espionage case to avoid publicly revealing the very secrets that may have been illegally accessed and shared.

He says espionage cases are “very rare,” as criminal prosecution of spies is often considered a last resort, with authorities more likely to remove or monitor them instead.

“There is a kind of understanding that it’s better to know who’s spying on you and tolerate them and keep an eye on them than to expel them and then get new ones.”

The case has also raised questions about the efficacy of Canada’s security screening, which was responsible for clearing Zhang for her NATO position.

Prime Minister Mark Carney said earlier this month that although he is limited in what he can disclose amid the active investigation, “Canadian officials have been involved from the start.”

WATCH | Canadian officials involved:

Canada involved ‘from the start’ in investigation of NATO intern accused of spying: Carney

Prime Minister Mark Carney said on Wednesday that Canadian officials are involved in the investigation of a Canadian intern accused of spying at NATO’s military headquarters, and that ‘lessons’ should be taken from situations like this when asked by a reporter about Canada’s screening process.

The House of Commons standing committee on public safety and national security is set to convene to review Canada’s screening processes after opposition parties called for an emergency meeting following the spying allegations.

Former CSIS intelligence officer Dan Stanton, who has no direct knowledge of the case, speculates it’s possible Zhang was identified “quite some time ago” and that “there could be a very complicated counterintelligence operation in the background.”

Suspect may have ‘crossed the line’ later

Prior to moving to Europe, Zhang worked as a public servant at multiple federal government agencies in Canada.

This included data scientist jobs at both Employment and Social Development Canada and Statistics Canada, and later work as a systems engineer for the Canadian Space Agency, according to her LinkedIn profile as well as her CV, which was included in a federal court case.

None of the three agencies would confirm details about the suspect but told CBC they will continue to collaborate with domestic and international partners “to protect national security and preserve the integrity of the investigative process.”

Stanton, now the director of the national security program at the University of Ottawa’s Professional Development Institute, said if Zhang was indeed spying for a foreign power, another possibility is that she was recruited more recently.

“They may have, on paper in terms of initial vetting, been fine, but at some point maybe they were cultivated and recruited by a hostile intelligence service.”

The federal court documents also included a report from the Public Service Commission of Canada, which concluded that Zhang had committed fraud by applying for the same government job under two names and emails.

In an apology letter to an investigator included in court filings, Zhang described herself as a young professional “passionate about using the power of data to drive public policy with an ambitious, innovative mind.”

Stanton says it’s “quite possible” this is a case where a Canadian decided to spy after having a negative experience working for the government.

“There may be some revenge-seeking here with this individual, and then they crossed the line and became an insider threat,” he said.

WATCH | Suspect may have looked fine ‘on paper’:

NATO spy suspect possibly recruited after she was vetted, says ex-CSIS officer

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Former CSIS intelligence officer Dan Stanton describes several possibilities for how the suspected NATO spy could have passed Canada’s security screening processes, such as a foreign intelligence service recruiting her only recently.

Zhang had been working in SHAPE’s IT department, according to Reuters.

European media have reported that Zhang allegedly exhibited suspicious behaviour that triggered the investigation, such as asking questions about SHAPE’s security and entering off-limits areas. After her apartment was searched, Zhang’s home was reportedly broken into by suspected accomplices.

It is unclear whether Zhang will be prosecuted under Belgium’s old criminal code or its new one, which goes into force in September. Each code contains several spying offences with different maximum penalties.

Depending on whether there are any alleged aggravating factors, Verbruggen expects Zhang could face up to a decade in prison if convicted of espionage or three years’ imprisonment for working with a criminal organization.

Given the sensitivity of what the suspect might have accessed, Verbruggen says prosecutors may want to avoid a public trial or pivot to other offences like hacking to keep more information secret.

“Many people are involved in a criminal trial. The fear of leaks or the risk that information is leaked is always there.”