VANCOUVER - A judge has blocked the release of a Chinese fugitive who's spent more than a decade fighting deportation to his home country, where he is accused of masterminding a massive smuggling network.
Lai Changxing is currently challenging his deportation in Federal Court, where a hearing is scheduled in Vancouver next week to review whether he could be tortured or killed if returned to China.
Lai was arrested last week as the possibility of his removal drew near. The Immigration and Refugee Board held a detention review Tuesday and ordered Lai released while his case proceeds, after an adjudicator concluded he didn't post a flight risk.
But within hours, government lawyers were in Federal Court asking a judge to overturn the immigration board decision on his detention.
In an urgent hearing Tuesday evening, Judge James O'Reilly temporarily stayed the release order.
Lai will remain in the custody of border officials either until O'Reilly can conduct a full review of the immigration board decision, or until Lai's next hearing in front of the board. Both are expected within the next week.
The Canada Border Services Agency confirmed Lai remained in custody Wednesday but declined any further comment.
Lai has spent 12 years fighting his deportation to China, where he's accused of running a network that smuggled as much as $10 billion of goods by plying corrupt government officials with cash, prostitutes and booze to look the other way.
He was arrested last week in preparation for his deportation after his latest attempt to stay in Canada failed. Lai had applied for a pre-removal risk assessment, which determines whether someone facing deportation could be killed or tortured if returned to their home country.
On July 7, the federal government concluded Lai would not be in danger if deported, prompting Lai to file a challenge in Federal Court. A hearing on that issue is set for next Thursday.
At Lai's detention review on Tuesday, a lawyer with the border services agency argued Lai breached his previous conditions by having contact with known members of the criminal gang the Big Circle Boys.
However, immigration board adjudicator Leeann King said border agency officials would not tell Lai who they considered to be gang members, so it was unreasonable to expect Lai to comply.
King noted Lai has mostly complied with his release conditions, and she noted that when he faced removal in 2006, Lai did not attempt to flee.
One Lai's lawyers, David Matas, said his client believes his life would be in danger if he's returned to China.
Matas 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.
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.
China has told Canadian officials that Lai will not face execution and have promised prison access for Canadian officials, but Lai's lawyers say those assurances aren't enough.
After his arrest in 1999, Lai was initially under house arrest with a cash bond, then under a curfew and eventually he even obtained a work permit as his case dragged on.
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.
