In the summer of 2019, the York Regional Police arrested approximately nine people with alleged links to the ‘Ndrangheta, an Italian mafia clan. In an operation called “Project Sindacato,” the police raided various locations seizing 27 homes, 23 sports cars, 11 gaming houses, gambling machines, luxury liquors, jewelry, and cash. By the time the raids came to an end, nearly $35 million in goods were seized. As police proudly displayed the fancy Rolexes and Ferraris for the public to see, many called the operation the largest mafia bust in Ontario’s history. The operation, which took around 18 months and $8 million to prepare was, in part, a response to the increased amount of mafia-related shootings and arson in Vaughan at the time.
However, while Project Sindacato was meant to represent a new and effective anti-mob task force, it ultimately failed to meet these expectations earlier this year. On January 27, prosecutors stayed the charges against six of the accused, including alleged boss Angelo Figliomeni, after defence lawyers pointed out that the investigators had breached solicitor-client privileges. It was found that investigators had illegally wiretapped privileged communications between the accused and their lawyers, as well as additional email communications made through email. The defence stated that this was a “flagrant disregard” for the rule of law and argued that this violation was made worse by investigators’ deceitful acts.
In Canada and many Anglo-American legal systems, solicitor-client privilege is widely recognized. According to rules of evidence, solitor-client privilege provides that evidence stemming from solicitor-client communication is automatically deemed inadmissible, except in rare circumstances where this communication is used to facilitate a criminal act or there is an imminent threat to public safety. The solicitor-client privilege is a principle of fundamental justice. It does not only apply when a client seeks legal advice but for all communications “engaged in for the purpose of enabling the client to communicate and obtain the necessary information or advice in relation to their conduct, decisions or representation in the courts.”
The procedural mistakes within this case were substantial and ruined this operation. Adrienne Lei, a Toronto lawyer with expertise in police misconduct cases, has stated that all officers are trained to know about solicitor-client privilege. Furthermore, even the general public, especially those well-acquainted with TV shows and films about crime, tend to have a basic understanding of solicitor-client privilege.
This is not the first time that Canadian police have blundered in this regard. In 2018, Leonardo Rizzuto, an alleged mafia boss in Montreal, was acquitted of gangsterism charges and conspiracy to traffic cocaine after the wiretap evidence gathered by police violated solicitor-client privilege.
Regarding Project Sindacato, investigators still have one more year to bring forward the charges again with new evidence. However, it is unlikely that there will be any further developments. In the meantime, the police will likely have to return the majority of the property seized during the raids.