The immigration odyssey of one of China's most wanted men continues, after the Federal Court of Canada granted a temporary stay Monday to Lai Changxing blocking his deportation.
For 12 years Lai has fought his return to China to face allegations he masterminded a vast smuggling ring that cheated the government out of billions of dollars in duties on imported goods and bribed officials to look the other way.
Lai was arrested by border officers late last week as the possibility of his removal drew near.
He lost his initial refugee claim but has argued successfully in federal court to block his removal from Canada, saying that Chinese guarantees Lai would not be tortured or killed were insufficient.
A lawyer for the Canada Border Services Agency asked the Immigration and Refugee Board on Monday to detain the Chinese fugitive, saying he poses a flight risk and has ties to organized crime.
Lawyer Kevin Boothroyd told the board that Lai should be held for the next two weeks.
Boothroyd outlined a number of criminal connections Li had with the Big Circle Boys gang and an association with well-known loan shark Betty Yan, who was found murdered in April 2009. He said the onus is on Li to know the company he keeps.
"The point of this is to keep him from people who can create documents to help him leave Canada under the radar," Boothroyd told the board member hearing the case.
"I think it's been shown Li continues to associate with organized crime, loosely associated as the Big Circle Boys. His curfew has been breached and he's fabricated evidence to cover a curfew breach."
Lai was initially under house arrest, then under a curfew and eventually even obtained a work permit as his case dragged on.
Boothroyd said a pre-removal risk assessment was done and Lai was rejected.
"Given the flight risk Mr. Li poses, coupled with a negative criminal risk assessment, that puts Mr. Li a lot closer to removal."
However, the federal court granted a temporary stay for any removal order until a hearing July 21.
Chinese authorities accuse Changxing of masterminding a network that smuggled as much as $10 billion of goods with the protection of corrupt government officials who he plied with cash, prostitutes and booze.
Before fleeing to Canada in 1999, Lai lived a life of luxury in a seven-storey mansion and drove a bulletproof Mercedes Benz.
Canada and China do not have an extradition treaty. While China has given Canadian authorities assurances Lai will not face execution and last year said it would offer prison access to Lai by Canadian officials, Lai's lawyer maintains those assurances are not enough.
His lawyer, David Matas, has said eight people connected to the case have already been executed in China and others have been jailed for sending Lai funds for his defence.
Lai's ex-wife Tsang Mingna, whom he divorced in 2005, and one of their grown daughters returned to China in 2009 under a deal worked out with officials.
