Chinese immigrant
Most research studies on delinquency in
Canada are primarily focused on youth from
mainstream cultural groups (Martell, 2002;
Moyer, 2005; Wong, 2000). The limited
literature on youth from ethnic minority/
immigrant groups is a challenge for social
workers in understanding and addressing
the needs of these populations. This article
reports on a qualitative study of the experiences
of 36 Chinese immigrant youth in the criminal
justice system in Vancouver and Toronto, in an
attempt to fill the knowledge gap in current
literature and to explore the promising practices
for this population, on both policy and service
delivery levels. This study focuses mainly on
Chinese immigrant youth but the findings
might be relevant to youth from other ethnic
immigrant groups.
Literature review
Developmental stresses of ethnic minority
immigrant youth are different from those
experienced by youth of dominant cultures
(Martell, 2002). Examples of these stresses
include a disadvantaged minority status and
acculturation challenges (Kwok, 2009; 2008;
Pih & Mao, 2005). Studies have already
demonstrated that members of the Chinese
community are less trusting of the criminal
justice system than their white counterparts
(Commission on Systemic Racism in the
Ontario Criminal Justice System, 1995; Kwok,
2009; 2008) and were only marginally positive
in their perception of the police (Chow, 2002).
In addition, there is a growing concern, within
law enforcement agencies and in the general
public, over gun-related gang acti vities of
ethnic minority youth (Doob & Gartner, 2005).
Criminal Intelligence Service Canada (2002)
and Public Safety and Emergency Preparedness
Canada (2003) reported that Chinese gangs
have actively recruited members from immigrant
youth and were among the fastest-growing
Asian gangs in Canada.
Notwithstanding the unique developmental
stresses faced by immigrant youth and public
concerns, there is a paucity of research studies
in Canada on ethnic immigrant youth who are
involved in crimes in general, and on Chinese
114 Canadian Social Work
Chinese Immigrant Youth and
the Justice System in Canada
Siu-Ming Kwok • Dora Mei-ying Tam
This article presents part of the findings of a qualitative study relating to the
experience of 36 Chinese immigrant youth in the Canadian criminal justice system.
The findings show that perceived blocked opportunities, cultural values, crime
involvement, and support systems are all structural contexts for their experiences
in the criminal justice system. These findings support the policy formulation and
service delivery for this population, which should address systemic discrimination,
include family in the prevention and intervention initiatives and enhance service
providers’ cultural competency and knowledge of Chinese gangs.
Abstract
Keywords: Immigrant youth • Chinese • criminal justice system
immigrant youth in particular (Bania, 2009;
Kwok & Tam, 2004). A few studies have
focused on Chinese immigrant youth in conflict
with the law in the United States over the last
three decades; however, these findings are far
from conclusive (Tsunokai, 2005; Tsunokai &
Kposowa, 2002).
In late 1970s, scholarly works focused on
verifying the longstanding criminological
theories, such as social disorganization theory1,
on Chinese immigrant youth (Rice, 1977;
Tsunokai & Kposowa, 2002). However, the
findings in support of these theories on
Chinese immigrant youth were mixed (Knox,
McCurrie, Laskey & Tromanhauser, 1996).
Contem porary researchers, therefore, began
to investigate whether distinctive cultural
qualities, together with other social factors
(e.g., structural racial discrimination),
could better explain crime involvement of
Chinese immigrant youth. Sheu (1986) found
that the best approach to understanding
Chinese immigrant youth and crimes was to
integrate social control theory2 with a cultural
disorga nization perspective. Sheu suggested
that Chinese values that underscore obedience
and filial piety are often eroded as Chinese
immigrant youth adjust to a new culture that
emphasizes individuality and independence.
These Chinese immigrant youth could neither
be socialized in Chinese culture nor could they
fully integrate to the mainstream culture. Thus
the struggle with the acculturation process
is suggested as one of the factors associated
with the delinquency of Chinese immigrant
youth (Chin, 1996; Kendis & Kendis, 1976;
Song, 1988).
Other researchers have sought to explain the
connection between Chinese immigrant youth
and crime involvement by combining social
disorganization theory with differential
oppor tunity theory3 (Chin, 1996), social control
theory with social learning theory4 (Wang,
1996), or subcultural theory5 with social
disorganization theory (Song, 1988). Despite
these efforts, there is still no consensus on a
dominant theory that would help understand
and explain the criminal behaviours of Chinese
immigrant youth in western countries, and even
less so on a descriptive or explanatory model
designed to help understand the experiences
of Chinese immigrant youth in the Canadian
criminal justice system (Kwok, 2009). In
response to this knowledge gap, the primary
objective of this study is to develop a theo retical
framework designed to understand Chinese
youth in the criminal justice system in Canada
and to explore the promising practices for
this population.
Methods
Grounded theory6 was used to understand the
interactions of different social actors and the
process of change of the experiences of Chinese
immigrant youth in the criminal justice system.
Participants were located from within ethnospecific
community organizations in Vancouver
and Toronto. Thirty-six Chinese immigrant
youth who had been involved in the criminal
justice system participated in this study. They
There is still no consensus
on a dominant theory that
would help understand
and explain the criminal
behaviours of Chinese
immigrant youth in western
countries, and even less
so on a descriptive or
explanatory model designed
to help understand the
experiences of Chinese
immigrant youth in
the Canadian criminal
justice system.
Chinese Immigrant Youth and the Justice System in Canada Siu-Ming Kwok • Dora Mei-ying Tam
Canadian Social Work
»
115
ranged from 14 to 17 years of age and had
been in Canada between 3 and 10 years. The
offenses include robbery, assault, extortion,
drug trafficking, and possession of firearms.
The offenders received sentences ranging from
probation orders and community services,
to incarceration. Participant recruitment was
guided by theoretical sampling, which is a
data-gathering process driven by concepts
comparison with the purpose of discovering
variations between concepts (Strauss & Corbin,
1998). Semi-structured individual interviews
were used for data collection and each
interview lasted approximately two hours. All
interviews were recorded and transcribed.
Data were coded using open, axial, and
selective coding. Specifically, the researchers
read through all the interviews to identify
common themes, after which the themes were
coded and data were queried for instances of the
same, or similar, phenomena. Data were then
translated into working hypotheses that were
refined until all instances of contra dictions,
similarities, and differences were explained,
thus increasing the dependability and
consistency of the findings (Strauss & Corbin,
1998). Following this method of data analysis,
four main themes were identified: perceived
blocked opportunities, cultural values, criminal
involvement, and support systems. These
represent the structural contexts of the
experiences of Chinese immigrant youth in
the criminal justice system.
Results
Perceived blocked opportunities
All participants spoke of their frustration
regarding the perceived barriers to success
because of their status as visible minorities.
They generally felt that they were not
treated in a fair manner. For example, teachers
usually assumed that they were affiliated to
Asian gangs if they saw that their Chinese
friends were waiting for them in a luxury car
outside the school.
Youths also felt they had received harsher
punishments because of their racial background.
One participate stated:
What’s wrong with self-defence? He [the
white student] started the fight. He got
suspended [from class] only a few days, and
I got [suspended] two weeks. I was put
in an alternative class and he [the white
student] went back to regular class….I am
a Chinese; [they think I am] a gangster.
(Participant 11)
Furthermore, it was felt that school had
taken advantage of their immigrant parents
who had no knowledge of school administration
and policy of suspension and withdrawal.
Another participant stated the following:
[The school] asked my mother to sign [a
letter of voluntary withdrawal from the
school]. They [school] knew that my parents
are immigrants….My mother knows nothing
[about the school] and didn’t speak much
English. She just nodded and said yes
to them [the school]….I don’t think they
[the school] would have done it to other
[Caucasian] parents. (Participant 31)
It would also seem that police often pick
on Chinese youth when they hang out in a
group at night. Participants complained that
they were treated with disrespect. One of
the respondents said:
He [police] dragged me to the ground….
My friend talked back and said we know
Canadian Social Work
Siu-Ming Kwok • Dora Mei-ying Tam Chinese Immigrant Youth and the Justice System in Canada
116
Teachers usually assumed
that they were affiliated
to Asian gangs if they saw
that their Chinese friends
were waiting for them
in a luxury car outside
the school. »
our own rights…They [police] choked my
friend’s neck and shouted at him: “If you
don’t like it, go back [to your country].”
(Participant 17)
Cultural values
Internalizing problems and stressing about
family connections were themes that frequently
came up in the interviews. Chinese immigrant
parents hold authority in high regard. They
attributed their children’s misbehaviour to
their own inadequate parenting rather than
to systemic discrimination or institutional
inequalities. As one participant put it:
They [my parents] just didn’t see this as
discrimination. They thought the school
was right to punish me. Why should I
complain? (Participant 14)
Not only the parents, but also the immigrant
youth considered that they should be partly
responsible for their misbehaviours and share the
blame. They considered that they were not in
a position to request any changes because
they were immigrants and visible minorities,
and now, even worse, they had violated the
law. A respondent stated that:
We [Chinese] are second citizens in
this country….Whites does not like us
[Chinese]….[Now] I broke the law. They
[whites] have every reason to hate us.
(Participant 12)
Regardless of their degree of criminal
involvement, all participants stressed that
family connection is paramount in their lives.
[When I was arrested by the police] the first
thing came to my mind was what would
the reaction of my family be….Family is the
number one priority for us [Chinese]….
Without family, we are only isolated islands.
(Participant 1)
Most immigrant parents were hesitant to
approach ethnic-specific organizations for
help, yet had no knowledge of the services
offered by mainstream organizations. Still,
the families would not rule out the possibility
of requesting assistance from mainstream
organizations if they deemed it necessary.
My mother went everywhere: school, police
station…community centre when she
thought [they] could help me. (Participant 1)
My parents didn’t speak much English,
but they went to school and talked to the
principal….They [parents] wanted me to
stay in school. (Participant 9)
Criminal involvement
The data revealed that all of the participants’
first brush with the law happened within a
group context. Group loyalty is the major
reason behind criminal involvement.
We always fought other gangs….We ran
into XX [a Chinese gang] downtown.
We beat them up. You must fight along
with your friends. It was a loyalty thing.
(Participant 1)
Some participants turned to gangs for
emotional support when the family was not able
to or did not know how to deal with the incident.
She [mother] nagged at me every day.
“You never do this again. You never
do that again”….She was scared too.
(Participant 23)
Moreover, participants agreed that the
more one gets involved in gang activities,
”My mother went
everywhere: school, police
station…community
centre when she thought
[they] could help me.”
(Participant 1)
Chinese Immigrant Youth and the Justice System in Canada Siu-Ming Kwok • Dora Mei-ying Tam
Canadian Social Work
»
117
the more likely one will engage in serious
criminal activities. Participants further
commented that they did not believe in the
school’s and the police’s anti-gang propaganda.
They felt that the school and police did not
understand the lives of Chinese gang members
at all:
You needed to know someone and [have]
some connections [in selling stolen cars].
No gang; no connections. (Participant 21)
They [school] invited the police to come
and talk about gang problems on the
street….I don’t think he [police officer]
knew anything about Chinese gangs…They
[the police] like to scare us. (Participant 1)
Contrary to popular belief, there were
no initiation ceremonies for gang member
recruitment. Participants “drifted into the
gang.” They joined gangs because their friends
were gang members already, or because the
gang could offer them protection:
I was pushed and given a punch by a
white guy at school, XX came and beaten
him up. XX told me that we [Chinese]
should look out for each other. I knew
that he was a gang member….I did not
want to act like a jerk when someone was
helping me. (Participant 31)
Support systems
The respondents’ support system consisted
of supports and resources provided by
family, friends, relatives, and social service
practitioners or criminal justice profes –
sionals. Most respondents found that family
support was crucial in helping them deal
with their experiences in the criminal
justice system:
They [the family] were upset [about the
offence of assault]….Later they tried to
come up with something to help. [During
my suspension from school], my elder
brother drove me to the uncle’s garage
every day. My uncle is a car mechanic.
He promised to keep me around his garage
until I returned to school. (Participant 1)
Most participants displayed behavioural
problems while they were in junior high;
nevertheless, they perceived that their school
was not providing them with enough support.
One research participant was involved in a
fight with his classmate and was referred
to an anger management class for therapy
rather than addressing the root cause of
the problem.
I don’t need anger management. I was
being picked on by the white [student].
I fought back. I fought back and I fought
for respect. (Respondent 31)
These youth’s comments on probation
services were positive, but not helpful. They
commented that most probation officers were
nice but did not understand Chinese gang
culture and their immigrant backgrounds.
Nonetheless, these young men suggested
that the ethnic background of the social
worker/counsellor is not a deciding factor when
it comes to asking for help. Rather, it is the
social worker/counsellor’s caring attitude and
understanding of immigrant youth that are
key in the helping process.
I prefer counsellors from my cultural
background…but what matters most is
their caring attitude towards us….I don’t
mind if he is from another cultural
background. (Participant 8)
Canadian Social Work
Siu-Ming Kwok • Dora Mei-ying Tam Chinese Immigrant Youth and the Justice System in Canada
118
Most respondents found that
family support was crucial in
helping them deal with their
experiences in the criminal
justice system. »
Discussion and conclusion
Results from this research are consistent
with findings from previous studies and have
implications for formulating policy framework
and developing service delivery models for
Chinese immigrant youth in the criminal
justice system.
The present study’s findings have
corroborated the results of other studies on
per ceived blocked opportunities and criminal
involvement. The acculturation stresses of
being a visible minority and the feeling of
being marginalized by mainstream institutions
(e.g., school and law enforcement agencies)
have rendered these Chinese immigrant youths
less trusting and attached to society. This
finding is consistent with the assumption of
social control theory and the findings of Sheu’s
study on Chinese youth gangs in New York City
(Sheu, 1986). Other literature also supports
the idea that when youth are facing multiple
forms of social marginalization such as a lack
of meaningful ties with family and friends,
discrimination based on race/ethnicity, and/
or the stigma of having been in conflict with
the law, they are left with a sense of exclusion
and pessimism about the future (Chettleburgh,
2007; Davies & Tanner, 2003).
Furthermore, the finding on criminal
invol vement supports the differential association
theory. The data demonstrated that these
youths’ first offense of these youths mostly
happened within a group context with other
gang members. They gained a sense of
belonging and protection, which they did not
have otherwise. Nonetheless, it should be
noted that other scholarly works also point out
the irony of the victimization that comes from
being a gang member; that is, members are
often the target of other gangs. In a survey
of high school students in Toronto, it found
that youth who identify as being in a criminal
gang report significantly greater levels of
victimization (Wortley & Tanner, 2004).
Findings of the present study have
implications for policy formulation at three
levels of governments. Discrimination against
ethnic immigrant youth should be addressed
in all youth policy deliberations, at both federal
and provincial levels. Recently, the Report of
Youth Violence in Ontario acknowledged
that discrimination against ethnic youth
is systemic and structural in Canada
(Government of Ontario, 2008). Discrimination
is conductive to alienating the Chinese
immigrant youth. Also, the Chinese culture of
internalizing problems and immigrant parents’
inadequate knowledge of pertinent social
services further exacerbate the problem.
Therefore, public education across the province,
designed to increase awareness and to
acknowledge the systemic discrimination and
marginalization against immigrant youths in
public institutions, should be a priority in
formulating a youth policy.
At the local level, municipalities should
work with local police forces and school
boards in addressing the challenges faced by
Chinese immigrant youth. For example, as a
preventive measure, more resources should
be invested in immigrant youth to engage
them at the junior high school level and to
involve their parents in school administration
and management. In addition, the local
police force should be provided with culturally
sensitive training to help in their day-today
operations, and as a way to establish a
dialogue and a working relationship with
immigrant communities.
“I don’t need anger mana –
gement. I was being picked
on by the white [student].
I fought back. I fought back
and I fought for respect.“
(Respondent 31)
Chinese Immigrant Youth and the Justice System in Canada Siu-Ming Kwok • Dora Mei-ying Tam
Canadian Social Work
»
119
The findings of this study have implications
for the social service delivery level as well.
Families should be included for prevention and
intervention initiatives. Consistent with other
research findings (Wang, 1995; Wong, 2000),
this study suggests that connections to family
are very important to these youth, regardless
of their level of crime involvement. Parental
involvement and engagement in the helping
process are critical in addressing the needs of
immigrant youth in the criminal justice
system. In fact, as suggested in this study, as
well as in other studies, it was the parents
who took the initiative of turning to
mainstream organizations to seek outside help
(Kwok, 2009). Social workers and criminal
justice professionals should take this into
consi deration in their practice. In addition,
data of the present study revealed that
youth might turn to other at-risk youth for
emotional support, could thereby be “drifting”
toward gangs, and are more likely to commit
their first offense with other gang members.
As such, early intervention should be focusing
on resisting peer pressure and demystify
the gang culture. For example, these youth
should be made aware of the irony of the
victimi zation that comes from being a gang
member, despite the feeling of being protected
by this gang (Wortley & Tanner, 2004).
Moreover, the finding that ethnic
backgrounds of social workers/counsellors are
not a determining factor in the helping process
has significant implications for social work
training in working with Chinese immigrant
youth in conflict with the law. Training in
cultural sensitivity and learning local Chinese
gang cultures become imperative in working
with this population. Such knowledge includes
an understanding of the dynamics of different
youth gangs in a local context and possible
penalties that await those who attempt to
leave the gang. Acquisition of this knowledge
would not only help workers establish trust
with Chinese immigrant youth and help them
better understand what they have gone
through, but also contribute to working out
concrete plans for the youth.
Last but not least, in order to address
this issue from a more holistic and inclusive
perspective, advisory boards are proposed
in response to local community needs. These
advisory boards are similar to the local
special governance bodies such as school
boards, but focus on coordinating current
services offered to immigrant youth in
conflict with the law and providing
consultations to service providers. The board
could be comprised of members from schools,
the judicial system, police, social services
organizations, a university or professional
body, and all relevant stakeholders in
the community. For day-to-day operations
and contact with local communities, these
community advisory boards could hire
multi cultural liaison officers and link with
schools, social service organizations, and
academia that are interested and/or involved
in working with immigrant youth in conflict
with the law.
In terms of limitations, the findings
of this study should be interpreted with
caution as regards its generalizability
to other cities. The context of Chinese
communities in Toronto and Vancouver
is different from those of other Canadian
cities, where the Chinese communities are
much smaller and benefit from fewer
resources in support of immigrants.
Canadian Social Work
Siu-Ming Kwok • Dora Mei-ying Tam Chinese Immigrant Youth and the Justice System in Canada
120
The acculturation stresses
of being a visible minority
and the feeling of being
marginalized by mainstream
institutions have rendered
these Chinese immigrant
youths less trusting and
attached to society.»
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Biographical notes
Siu-ming Kwok is an associate professor at the
School of Social Work at King’s University College,
University of Western Ontario. His research interests
include the crime and justice system, welfare policy
and redistribution, immigrants and settlement.
Dora Tam is an associate professor at the School of
Social Work at King’s University College, University
of Western Ontario. Dora’s research interests
include issues of violence against women among
margina lized groups; diversity issues in social work
practice and research; social work education and
field education; and program evaluation.
Notes
1 Social disorganization theory suggests that high
crime rates are linked to neighbourhood ecological
characteristics. Youths from disadvantaged
neighbourhoods were participants in a subculture
in which delinquency was considered to be
approved behavior (Burgess, 1925).
2 Social control theory proposes that when youth are
more attached to mainstream social institutions
(e.g., family, school, church) through sociali zation
and the learning process, their inclination to
indulge in anti-social behaviour is reduced
(Hirschi, 1969).
3 Differential association theory suggests that peer
negative influence is another strong predictor of
delinquent behaviour apart from weak attachment
to family and school (Sutherland & Cressey, 1978).
4 Social learning theory focuses on the learning that
occurs within a social context. It considers that
people learn from one another, including such
concepts as observational learning, imitation,
and modeling (Bandura, 1977).
5 Subcultural theory emerged from the work of the
Chicago School on gangs and developed through
the symbolic interactionism school into a set of
theories arguing that certain groups or subcultures
in society have values and attitudes that are
conducive to crime and violence (Fischer, 1995).
6 The grounded theory approach is a qualitative
research method that uses a systematic set
of procedures to develop an inductively derived
theory grounded on data in the field (Strauss &
Corbin, 1998).
Canadian Social Work
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3. List two pieces of data/information that the author uses to support his/her argument that is drawn from his/her research (Not just 2 random facts from the article – these must be facts/data from the research that the author uses to support the main idea that you identify above.). Explain how the evidence is related to the main idea. (2 X 2 = 4 marks)

4. Is the information provided verifiable and well-researched? How do you know? List the factors that you used to make your evaluation. (3 marks)
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