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National Post

Deportation hearing for alleged Mafia boss in Canada derailed by wiretap decision

In the middle of a high-stakes deportation hearing against an alleged Mafia boss living in Canada, the government unexpectedly declared it will no longer rely on any evidence obtained from controversial Italian police wiretaps covertly made using the phones of visiting members of a mob family to Canada. Article content The announcement Friday threatens to derail yet another attempt to deport Vincenzo (Jimmy) DeMaria, a man accused of being a Mafia boss in Ontario who has successfully fought off deportation for more than 40 years. Article content Article content Article content An Immigration and Refugee Board (IRB) hearing is underway on the government's latest attempt to deport DeMaria based on allegations he is a member of the 'Ndrangheta, the proper name of the powerful Mafia that formed in Italy's region of Calabria. DeMaria has denied the allegation. Article content Article content Lawyers for DeMaria had repeatedly called for the Italian police wiretaps to be rejected, calling them illegal foreign interference. On Friday, however, they said the government's sudden agreement in the middle of the hearing was absurd. Article content 'What we have here is an abuse of process by the minister (of public safety),' said Shoshana Green, one of DeMaria's three lawyers at the hearing. Article content 'It is an absurdity that the minister, on a whim, is changing the nature of this entire hearing. How can Mr. DeMaria properly prepare for a matter when they are literally changing the foundation of their case four days in?' Article content Green said information from the wiretaps has already been extensively 'co-mingled' with other evidence entered in the case over years, including in two days of testimony earlier this week by a senior police officer from Italy who was the government's first witness at this hearing against DeMaria. Article content Article content Green asked Benjamin Dolin, the IRB member deciding the matter, to issue a stay of proceedings, which would suspend the government's appeal of an earlier immigration board decision to allow DeMaria to remain in Canada, where he has lived since moving from Italy as an infant. Article content Article content 'Or in the alternative, we would certainly consent to the minister abandoning their appeal,' Green said. Article content Andrej Rustja, arguing on behalf of Canada Border Services Agency, said that after reviewing its strategy for the case Thursday night, the government decided to not rely on the wiretaps recorded by Italian police in Canada in 2019 and told DeMaria's lawyers as a courtesy and to save time at the hearing. Article content Article content Dolin told Green the government's change 'would seem to benefit' her client. 'I don't see any prejudice to Mr. DeMaria,' but he adjourned the hearing to allow DeMaria's lawyers to file a written motion for a stay and for the government to respond.