A former judge appointed to assess two Vancouver officers' actions when they handcuffed an innocent Indigenous man and his granddaughter in 2019 has determined they "acted oppressively," a B.C. First Nation says.
The Office of the Police Complaint Commissioner decision, shared Wednesday by the Heiltsuk Nation, outlines retired judge Brian Neal's investigation into an incident that unfolded at a Bank of Montreal branch more than two years ago. In the decision, Neal described the events as "disturbing and profoundly disrespectful."
"I have found that the officers’ actions in arresting and handcuffing the parties was undertaken without reasonable and probable grounds," Neal wrote in the decision shared by the Heiltsuk Nation.
"I have found that no reasonable police officer standing in the shoes of the two officers could support such actions based on suspicion alone."
In December 2019, Maxwell Johnson and his 12-year-old granddaughter went to open a bank account at the BMO on Burrard Street in Vancouver. However, after suspecting them of fraud, a BMO employee called 911.
Two police officers responded to the incident and placed the pair in handcuffs. They were eventually released and the bank later apologized.
“Seeing my granddaughter being handcuffed and she started crying,” Johnson said in an interview with CTV News. “It really, really hit me hard. This isn’t right, you know?”
The OPCC ordered an investigation into the actions of the responding officers and Victoria Police Chief Del Manak determined that no discipline was necessary. In investigations involving police officers, officials from other jurisdictions are sometimes called in to avoid the local department investigating itself.
However, last July, the commissioner decided to seek a second opinion, after deeming Manak’s findings could be incorrect. At that point Neal was appointed to consider the incident and any possible disciplinary proceedings.
"The cultural safety needs of Mr. Maxwell and his granddaughter, Indigenous persons who found themselves under scrutiny by police, were simply not considered by the officers in question," the decision posted by the Heiltsuk Nation said.
"In the result, two vulnerable persons of Indigenous heritage were exposed to unnecessary trauma and fear, and left with a serious perception of unfairness in their treatment at the hands of police."
Neal's report said counsel for Maxwell and his granddaughter suggested there should be more education and training on Indigenous cultural perspectives for the officers, adding that could take place at a Heiltsuk community gathering.
The First Nation and Johnson have invited the Constables Canon Wong and Mitchel Tong, the officers involved, to Bella Bella if they wish to apologize and participate in a traditional healing ceremony.
Johnson says he hopes the officers involved will make the trip because it would provide an opportunity for growth and healing for all involved.
“That’s the way of our people. We don’t hold grudges. We don’t hold anything against anybody. One of the things our nation is known for is their hospitality,” he said. “I was taught by my grandmother and my mum and my aunties, you know, it’s better to forgive than have a bad heart. Because if you keep it in it just makes you sick.”
Neal wrote he hoped any disciplinary and corrective measures "address, and if possible restore, trust and confidence in policing."
The report was shared by the nation but does not appear to be posted on the OPCC website.
Marilyn Slett, elected chief of the Heiltsuk Nation, echoed the request for the officers to visit the nation.
"We are inviting the officers to travel to Bella Bella to take part in an apology ceremony with Max, his granddaughter, and our community," Slett said in a statement about Neal's report.
"This story has become a symbol of the fight against systemic racism, and we are committed to working with the officers to make broader change and ensure this never happens again."
With files from CTV News Vancouver's Maria Weisgarber and Ben Nesbit
