Library of Congress – Federal Research Division

“ Background Unlike traditional organized crime groups such as the Italian La Cosa Nostra, Asian organized crime groups, including both those groups that were established in Canada and those that originate abroad but have members operating in Canada, lack a set structure at the operational level even if a hierarchy exists at the organizational level. This is true of Chinese tongs, gangs, and other organized crime networks. The traditional Chinese triad societies, originally secret societies, some of which have existed for centuries, also operate in this fashion at the operational level. ”

“ The groups that smuggle heroin into the United States often operate on both sides of the border and control distribution. 39 Furthermore, several organized crime groups overseas are involved in shipping heroin to Canada for the very purpose of exploiting the porosity of the U.S.-Canadian border. 40 Heroin trafficking, in particular, involves the cooperation of various groups at different levels to get the product to its final destination. For example, street gangs often act as enforcers who are, in turn, supported by more established and powerful groups. ”

“ In addition, few restrictions apply to countries of origin for persons seeking entry into Canada. Unlike the visa waiver program in the United States, which grants entry without a visa to residents of only 27 countries, Canada grants visa-free entry to residents of nearly 60 countries. This number includes Greece, Mexico, South Korea, and Saudi Arabia. Canada relies on paper identification for immigrants, forged versions of which are available on the black market for roughly $1,000. [10]
Those found to be misrepresenting themselves at the border do not face any ban. ”

“ For the past three years, information has revealed a proliferation of Asian organized crime groups in Canada. Since September 11, 2001, the Canadian government has paid increasing attention to terrorist organizations and has initiated several changes in government policy to tighten border security and combat terrorism. ”

“ International attacks that have possible al-Qaeda connections also have roots in Canada. The April 11, 2002 bombing of a synagogue in Tunisia may be linked to al-Qaeda operatives who planned the attack while living in Canada and Germany, according to an article in the Boston Globe. Niser bin Muhammad Nasar Nawar, an Islamic radical connected to al-Qaeda, is suspected of planning the attack while living in Montreal. ”

“ From the magnitude of this seizure it is apparent that international crime syndicates have real power in the drug trade, despite only tangential identification with a major triad. It is not uncommon for a member of one triad to team up with another triad member and work for the leader of a heroin smuggling group who is not a member of any triad at all. ”

“ Commercial Activity The U.S-Canadian border stretches approximately 5,500 miles. It is the longest undefended border in the world, as well as the busiest; each country is the other’s largest trading partner. In terms of proximity, about eighty percent of the Canadian population lives within two hours of the U.S.-Canadian border, making it an ideal staging ground to conduct activities in the United States. ”

“ In recent years, some experts have noted that non-triad groups constitute the majority of Asian organized crime activities. Since 1994, three years before the return of Hong Kong to Chinese rule, crimes perpetrated by triads have not risen above 3.8 percent in Hong Kong as a result of the efforts of law enforcement. 33 Organized crime groups may exaggerate their links with triads in order to inspire fear. ”

“ In Canada, trafficked women are generally required to testify against their employers in order for the latter to be convicted. However, cooperation with Canadian or U.S. authorities may expose the individuals or their families to great harm at the hands of the organized crime group in their native country. Because victims fear such reprisal, and hence refuse to testify, many criminals have been successful at avoiding jail time. This type of case was documented in October 2001 when law enforcement uncovered a prostitution ring that was transporting women from Malaysia to Vancouver. ”

“ Immigration and Refugee Policy Canada’s immigration policy and entrepreneur program allow foreign nationals to enter the country with relative ease and become Canadian residents, thereby positioning themselves for easy access to the United States. Each year approximately 300,000 people are allowed entry into Canada, twice the number per capita that the United States allows in. ”

“ Al-Qaeda Research indicates that al-Qaeda operatives, more than any other group, have sought refuge in Canadian territory for the purpose of directing attacks against U.S. interests around the globe, thus continuing the strategy the group has implemented of developing networks both for financial and logistical reasons. ”

“ Refugee claimants may also avail themselves of the public education system. The number of refugee claimants was 44,000 in 2001, up from 22,000 just three years before; the number of refugees allowed entry each year is now approximately 30,000.
However, possibly 60 percent of all claimants possess insufficient documentation or no documentation at all.
Hence, many just disappear, often skipping their asylum hearings, and enter the United States illegally. Currently over 25,000 arrest warrants are outstanding for those people who have skipped their asylum hearings. ”

“ Federal Research Division Asian Criminal and Terrorist Activity in Canada 10 is often expressed in terms of assistance to members who are relocating and in pursuit of profitable ventures for members, when it is convenient. Even when part of a specific well-known group, such as the Big Circle Boys, for example, members often operate in small, cell-structured groups or partnerships, if not independently, when engaging in illegal activities. ”

“ This lack of organization often has meant that they are extremely mobile and able to cooperate with other organizations. Quite often, Vietnamese groups lack ties to any one community and, therefore, may travel to various cities to set up temporary operations. These networking activities have led to fear that they eventually will organize into more formal and structured groups. 108 Vietnamese organized crime groups also are known to work with the Hells Angels, mainly in British Columbia, for the large-scale cultivation and exportation of marijuana. ”

“ The process of determining a person’s eligibility for refugee status can take years, and even if a refugee claim is denied claimants often can stay in Canada if they declare that they will be put in danger when returning to their native country. ”

“ They may involve significant resources and the assistance of a well- established triad such as 14K, or they may be the work of a few individuals with no connections to well-known organized crime groups but having the proper connections to engage in human trafficking. Generally, trafficking networks reportedly are loose alliances among various groups that join forces to take advantage of existing opportunities. The success of the business is the primary motivating factor, and the triads do not hold a monopoly on the industry. ”

“ As a way of saving money, they also have used Asian travel agencies that fail to verify all their visa applications. 66 Asian organized crime groups also use the technique of having a person, known as a “jockey,” accompany a woman on a flight from Asia in order to lend legitimacy to her travel. 67 Still another common practice is for passengers on a flight destined for Canada to leave the airport and miss the remaining part of their flight when making a stopover in the United States. ”

“ Vancouver police files indicated that Helen Tan’s husband was wanted in Canada and was believed to be hiding in China. According to the article, the syndicate to which Helen Tan is linked is one of the top 10 groups in the world, with possible links to the Big Circle Boys. The groups routinely used couriers to transport the proceeds of their narcotics sales to Hong Kong for laundering. 53 Breaking the pattern of traditional organized crime groups, the major Chinese crime groups do not seek monopolies on drug trafficking activities or illicit financial transactions. ”

“ They are merely turned away and can attempt to re-enter the country immediately. [11]
Asian criminal groups, especially those from China, Hong Kong, Macau, and Taiwan, as well as terrorist groups, exploit these policies. ”

“ The groups are expanding in the area of high technology crimes and have engaged in the theft of computer parts, which they sell on the black market to third world countries. Vietnamese groups also are believed to be involved in the trafficking of women. Vietnamese groups, especially the street gangs, are generally less formal in structure than many other organized crime groups. ”

“ Boston Globe, December 21, 2000, A1. ↑ Ibid↑ Stewart Bell, “Liberals Relent, Hezbollah Outlawed: Graham Says It’s Due to Recent Evidence,” National Post [Toronto] , December 12, 2002, A1↑ Peter L. Bergen, “Holy War, Inc.” ”

“ In the past, the Canadian system was unsuccessful in providing a real deterrence to those individuals or groups engaged in trafficking of persons. In many cases, the Criminal Code did not provide for harsh jail sentences for traffickers, and fines were often the only punishment available. Considering that the sex trade is so lucrative, most traffickers were willing to take the risk. ”

“ In June 1999, Project E-PAGE resulted in the arrest of 28 members of an Asian organized crime group active in British Columbia and various cities within the United States, Thailand, Hong Kong, and Burma. Law enforcement authorities in the United States recovered 6.3 kilograms of heroin and thwarted several planned conspiracies to import additional heroin to North America. 49 In August and September of 2000, a year-long investigation, named Project Occlude, resulted in the seizure of 57 kilograms of heroin and other narcotics in Toronto ”

“ These cells have proven to be of great advantage to a criminal group like Big Circle Boys, for example, allowing the group to combine its various assets and expertise for the perpetration of transnational crimes. ”

“ Rather, members, especially those located in mainland China, play their most important role in brokering deals and facilitating the shipment of illegal contraband through Hong Kong to destinations abroad. 54 Trafficking of Women Background Trafficking of persons, both for sexual exploitation and labor, is the fastest growing form of organized crime. It has been increasing dramatically in Canada, aided by the ruling of Human Resources and Development Canada in April 1998, that foreign nationals employed as “exotic dancers” were not displacing Canadian workers. ”

“ In 2000, the federal government amended the Immigration Act to include fines up to CDN$1,000,000 and the possibility of life imprisonment for someone convicted of trafficking activities. 70 The control that traffickers exercise over the persons they traffic also mitigates against effective deterrence. ”

“ For example, they make frequent use of fake travel documents, often by recycling previously valid passports with legitimate visas and then making the necessary alterations by incorporating the recruit’s picture, or trying to pass off the recruit as the person represented by the travel documents. ”