Canada's Federal Court has stayed the deportation of one of China's most-wanted men after the alleged smuggling kingpin claimed in a last-ditch appeal he would be tortured or executed if returned to his homeland.
Justice Carolyn Layden-Stevenson on Thursday ordered that Lai Changxing (
Lai can launch further appeals of his deportation order -- a process likely to take months.
Chinese authorities accuse Lai of masterminding a Xiamen-based network that smuggled as much as US$10 billion in goods with the protection of corrupt government officials. Beijing claims the smuggled goods included cigarettes, vehicles, heating and cooking oil, textiles, chemicals and other raw materials.
He has been described in Chinese news reports as the country's No. 1 fugitive.
"I'm very happy and feel good about the fair Canadian legal system," Lai said through an interpreter. "It seems that Canada is providing protection to me."
The Chinese Foreign Ministry had no immediate comment yesterday morning on the ruling.
Lai, his wife Tsang Mingna and their three children fled China and arrived in Canada in 1999, and then applied for asylum.
They said the refugee board that initially turned down their asylum claim overlooked the nature of political persecution in China.
Lai was scheduled to be deported May 26 but won an appeal. While remaining under house arrest in Vancouver, his lawyers argued in court Wednesday that Lai would surely face torture or execution if forced to return home.
Lai's lawyer, David Matas, argued before Layden-Stevenson that Ottawa was putting more emphasis on diplomatic relations with China than on the rights of his client.
Layden-Stevenson said in her ruling there appeared to be no guarantees that Lai would not face danger or torture if deported.
"The issue of the assurances lies at the heart of the debate," she wrote. "Absent the assurances, the records disclose credible evidence that a serious likelihood of jeopardy to life or safety exists. Removal at this time would cause Mr Lai to face the risk that he alleges is present."
Canadian authorities are technically bound by laws that protect refugees from being deported to countries whose judicial systems apply torture.
Esta Resnick, a lawyer for Canada's federal immigration agency, argued before the court on Wednesday.
"This is a case of a common criminal fugitive from justice, nothing more," she said. "He's asking you to reweigh evidence that was already heard before these various courts and tribunals. The public interest favors enforcement of the law."
Lai's bid for refugee status has already been denied all the way up to the Supreme Court of Canada.
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