Lawyers for an alleged high-ranking member of the Italian Mafia in Toronto claim evidence is being used against him that is the product of foreign interference by Italian police.
The yearslong case, brought forward by the Canada Border Services Agency (CBSA) and being heard before the Immigration Appeal Division of the Immigration Refugee Board (IRB), seeks to have Vincenzo “Jimmy” DeMaria ruled inadmissible to Canada over claims he is a member of an Italian organized crime group, known as the ‘Nndrangheta, among other unproven allegations.
Documents entered in the case show that a key piece of evidence against DeMaria are recordings of conversations gathered by Italian police, which were eventually provided to the CBSA, that purport to show DeMaria is a member of the ‘Ndrangheta and thus should no longer be allowed to live in Canada.
In a recent application to exclude evidence, DeMaria’s lawyers argue that these conversations were recorded illegally by Italian police, are the product or in furtherance of foreign interference, and should not be permitted in the case.
According to the case file, in 2018, a man by the name of Carmelo Muia, believed by Italian authorities to be a member of the ‘Ndrangheta, was murdered in Calabria -- the southernmost region on mainland Italy. This sent Muia’s brother, Vincenzo, on a quest to figure out who was behind the killing.
Italian police documents reveal that what Muia didn’t know was that as part of their own investigation to solve that very same murder, they were listening in on his conversations, after bugging his cell phone. During these conversations, Muia was heard stating that he was going to travel to Canada as part of his mission to solve his brother’s murder.
According to police documents and sources, The Greater Toronto Area (GTA) is considered to be home to one of the strongest concentrations of ‘Ndrangheta members in the world, outside of Calabria. So much so, that Muia believed that alleged members of the ‘Ndrangheta in the GTA may not only be able to confirm who killed his brother, but also authorize him to strike back against the person he thought was responsible -- potentially starting a gangland war on the streets of Calabria.
According to documents entered in Demaria’s immigration case, Muia’s plan to travel to Canada was being intercepted by Italian investigators. Eager to gather evidence as part of their investigation into the murder of Muia’s brother, Italian police wanted to continue their eavesdropping on Muia while he was here.
Vincenzo 'Jimmy' DeMaria is the subject of a protracted immigration case. If ruled inadmissible to Canada, he will likely be deported to his native Italy (Photo provided)
Documents from DeMaria’s case show that this desire led Italian authorities to ask the Ontario Crown Attorney’s office to obtain a judicial authorization which would permit Italian police to intercept the private communications of Muia while he was on Canadian soil.
The Crown’s response was unequivocal in denying the request. According to the application to exclude evidence, the Crown’s reply to Italian authorities was that there was an “insufficient basis” to approve the intercepts, that the legal threshold was “quite obviously not met” and that “the intrusion of the very high privacy interests of dozens of innocent parties in this case simply cannot be justified…”
The document also indicates that Italian authorities were not pleased with the decision and the Crown attorney himself noted that his legal opinion “did not appear to be well received” by Italian police.
Apparently not.
Despite the request to listen in on Muia while in Canada being denied, Italian police did it anyway.
Italian police records and transcripts of the recordings show that in March 2019, Muia flew to Toronto to embark on his fact-finding mission. Accompanied by other family members, he would spend two weeks in the GTA, with Italian police listening in on his private conversations, even with Canadian citizens, every step along the way.
Records from DeMaria’s immigration case reveal that using online software, Italian police turned Muia’s cell phone into a live listening device, meaning they could monitor conversations through his phone in real time.
They also indicate that simultaneously, York Regional Police (YRP) assisted the Italians and conducted surveillance of Muia and his family members for the duration of their trip, despite being aware the judicial authorization had been denied.
DeMaria’s former lawyer maintained that it would be considered illegal for YRP to have aided Italian police with surveillance with no Canadian judicial authorization in place if they were aware that the intercepts were occurring. Though YRP has stated that they “did not take part in any intercepts for or with the Italian Police…and we were not aware any were taking place.”
DeMaria’s current legal team is arguing that these wiretaps amount to foreign interference and the evidence should be excluded.
In their submission, DeMaria’s lawyer, Jessica Zita, writes: “The YRP interceptions of Muia…were not only illegally obtained, they were also done at the behest of a foreign country. The YRP acted on a request made by the Italian authorities, ignoring the advice of its own counsel…This is a clear-as-day example of a foreign entity successfully exerting pressure on Canadian authorities to act unlawfully on Canadian soil.”
While in the GTA, Muia -- who is second cousins with DeMaria -- met with numerous people who are also considered by Italian authorities to be associates or members of the ‘Ndrangheta, including DeMaria’s brother. During some of these conversations, which Italian police recorded, Muia could be heard discussing Jimmy DeMaria.
These conversations, which CBSA claim show a tie between DeMaria and organized crime figures, make up part of the basis that Jimmy DeMaria is a member of the ‘Ndrangheta and should be ruled inadmissible to Canada.
“It’s highly unethical,” said David Orman, a Toronto lawyer who concentrates on immigration law – but who is not involved in the case. “It's improper in these circumstances. They didn't just do it without asking. They asked, they were told no, and they still did it. Those are aggravating circumstances which very clearly bring the administration of justice into disrepute.”
This isn’t the first time the CBSA has tried to use this information as part of their case to have DeMaria ruled inadmissible to Canada. The CBSA presented it in 2020 as part of disclosure documents against DeMaria.
The IRB panel, which decides admissibility cases, eventually decided in 2023 that the recordings were “...unreliable and lacking in trustworthiness…”
The decision stated the recordings do not “...establish, on reasonable grounds to believe, a clear link between Mr. DeMaria and the ‘Ndrangheta, or that he is a member of that organization. This evidence lacks probative value, and the Panel therefore assigns it no weight in establishing Mr. DeMaria’s membership in the ‘Ndrangheta.”
According to lawyers who work in immigration law, the rules of evidence in immigration cases are less stringent than in criminal matters, thus allowing the material to be continuously re-entered, despite the previous decision that they carry no weight in proving DeMaria is a member of the Mafia.
CTV News contacted the CBSA regarding DeMaria’s case but they replied that they "cannot comment or provide details on specific cases as information is considered private and protected under the Privacy Act.."
For tips on this or any other story email W5 producer Joseph Loiero or call him at 416-859-8617
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