Deportation case of alleged Mafia boss Vincenzo DeMaria raises alarm over use of foreign spyware and warrantless surveillance on Canadian soil.
Deportation Appeal Hinges on Foreign Surveillance Tactics
A high-stakes deportation appeal unfolding this week in Toronto could set a pivotal legal precedent for how foreign intelligence is used in Canadian courtrooms. Vincenzo “Jimmy” DeMaria, a 71-year-old long-time Canadian resident accused of Mafia ties, faces removal to Italy based in part on evidence gathered through controversial foreign spyware tactics.
Suspect Under Watch for Alleged Mafia Ties
DeMaria, born in Siderno, Italy, immigrated to Canada as an infant in 1955. Despite living in Canada his entire life, a past second-degree murder conviction has left him without citizenship. Canadian authorities argue that DeMaria is a senior figure within the ‘Ndrangheta, a powerful Italian Mafia network operating in Toronto. DeMaria, currently under house arrest, denies all criminal allegations and identifies as a property manager.
Spyware from Italy Sparks Legal Controversy
Central to the legal debate is the 2019 visit by Carmelo Muià, an alleged mafioso from Italy, to DeMaria while he was imprisoned in Ontario. Italian police had infected Muià’s phone with spyware, turning it into a mobile bug. Recordings made during his Canadian visit are now key evidence against DeMaria—despite no Canadian warrant authorizing this surveillance.
Canadian Officials Raised Early Red Flags
Documents reveal York Regional Police proceeded with surveillance after the Italian Carabinieri’s request—even after a Canadian Crown lawyer advised there were insufficient grounds for such monitoring under Canadian law. DeMaria’s legal team argues this constitutes illegal eavesdropping that undermines both the Canadian Charter and judicial oversight.
Lawyers Warn of Dangerous Precedent
“If allowed, this would open the door for any foreign government to bypass Canadian laws and use surveillance evidence in our courts,” said DeMaria’s lawyer Jessica Zita. She argues the evidence—much of it paraphrased, not verbatim—is neither authenticated nor properly scrutinized, posing a threat to civil liberties and due process in Canada.
CBSA Maintains Legal Integrity of Deportation Process
While declining to comment on the specific case, the Canada Border Services Agency (CBSA) insists all removals follow the law. “There are multiple steps built into the process to ensure procedural fairness,” said CBSA spokesperson Rebecca Purdy. Still, DeMaria’s team argues that CBSA’s case is tainted by constitutionally questionable evidence.
Next Steps in the Case
The deportation appeal, which began Monday at the Immigration Appeal Division in Toronto, will hear testimony from Italian authorities involved in the original surveillance request. A ruling could redefine how international intelligence is used within Canada’s legal framework—at a time when privacy and foreign interference remain hot-button issues.
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