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| John L. Hill |
Kompon was accused of being a senior member of a Canadian cocaine-smuggling ring in the Niagara region. He was convicted alongside Vito Buffone in one of the largest cases of its kind in Ontario. Originally sentenced to about 20 years — reduced for time served — his sentence was later increased to life imprisonment after appeals for conspiracy to import and traffic cocaine. It was alleged that from 2011 to 2014, Kompon, Buffone and others were responsible for hiding thousands of kilograms of cocaine inside granite boulders, shipping them from Brazil into Canada, and then extracting and trafficking the contents in the Greater Toronto and Niagara regions.
The fact that no cocaine was ever found in granite boulders and that there was no proof that either Kompon or Buffone were importing the rocks made little difference to police or Crown attorneys aiming to secure a conviction after such an extensive investigation watched over by the U.S. Drug Enforcement Administration.
In my latest book, Acts of Darkness, I aim to argue that the Canadian justice system unjustly betrayed Jeffrey Kompon and Vito Buffone at nearly every stage. There were issues from the time of arrest, including irregularities in the jury system and the evidence presented. There is no doubt that drug dealing was ongoing. Still, the joint force investigation named Project Roadmaster cast too wide a net and included Kompon and Buffone, who were completely innocent of such wrongdoing.
Nevertheless, Kompon and Buffone were convicted and received their sentences. For years, Jeffrey Kompon endured life in custody — mixed with therapy, internal risk assessments and gradual moves toward lower security levels, including escorted and then unescorted temporary absences.
On July 18, Kompon appeared before the Parole Board of Canada. The hearing was held virtually, with Kompon in an Ontario penitentiary and the board asking their questions through a video link. The board members asked tough questions but showed professionalism and competence. They inquired about Kompon’s past conduct, his participation in prison programs and how he views himself after his prison experiences. They also asked about the effect of his sentence on the community in general and, specifically, how it impacted those closest to him. Additionally, they examined Kompon’s release plan.
The one question the board did not ask — much to its credit — was whether Kompon was guilty of the crime. I recall an experience years ago when I assisted a federal inmate at a day parole hearing. The case management team had supported his release to a halfway house, and all seemed to be going well at the hearing. Then the question was asked: Did you commit the murder? The client had always maintained his innocence. He had asked for my advice before the hearing began on how he should answer. I advised him just to tell the truth. Admitting the crime would likely have resulted in a grant of day parole. But the inmate told the truth and denied the crime. Day parole was denied. Years later, it was found that Romeo Phillion had not been responsible for a murder and was exonerated. What would have been the result had he told a lie to secure some measure of early freedom?
The parole board members hearing the Kompon case did as they were required to do. They determined that Jeffrey Kompon was a manageable risk in the community and granted his day parole release subject to reasonable conditions. Now granted day parole, Kompon will be permitted to leave the prison grounds to live in the community and be supervised by a community parole officer and staff at the halfway house. Full parole will follow in due course if he continues to demonstrate good behaviour.
Most importantly, Kompon will have the freedom to instruct counsel on filing an application for exoneration. Vito Buffone is likely to have his parole hearing in the fall, bringing him closer to having Canada acknowledge its mistake in convicting him.
John L. Hill practised and taught prison law until his retirement. He holds a J.D. from Queen’s and an LL.M. in constitutional law from Osgoode Hall. His most recent book, Acts of Darkness (Durvile & UpRoute Books) was released July 1. Hill is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the (True Crime) Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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