Vancouver officers’ arrest of Indigenous man, granddaughter at bank ruled misconduct

A former judge has found two police who handcuffed an Indigenous grandfather and his 12-year-old granddaughter at BMO’s Burrard branch in Downtown Vancouver committed professional misconduct and that officers “acted oppressively.”

On Dec. 20, 2019, a bank worker reported Maxwell Johnson and his granddaughter to the police. Vancouver Police said the call was made because the worker claimed they produced “fraudulent Indian Status cards.”

After the incident, B.C.’s Office of the Police Complaint Commissioner (OPCC) determined further investigation was warranted to determine if the Vancouver Police officers involved behaved appropriately when handcuffs were used to detain the child and her grandfather.

After the attending officers handcuffed the pair, they “confirmed the validity of the cards” by speaking with the justice coordinator of the Heiltsuk Nation.

“Despite the suspicious circumstances, P.C.s determined that no criminal offence occurred and the cards likely presented as fraudulent due to clerical errors from Indian Affairs,” the police report reads.

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The recent decision from retired judge Brian Neal’s investigation on behalf of the Office of the Police Complaint Commissioner was shared by the Heiltsuk Nation, of which Johnson is part of.

Neal substantiated allegations of misconduct against both officers: recklessly arresting Johnson and his granddaughter without good and sufficient cause and using unnecessary force when they were handcuffed.

Johnson tells CityNews he feels vindicated by the order.

Heiltsuk Nation Chief Marilyn Slett adds it will validate what Indigenous people have known for a long time, that this incident was simply wrong, and mishandled.

Additionally, an order has been issued for the officers to undergo a suspension and various types of training, including on Indigenous cultural sensitivity.

The VPD says it respects the decision and says due to a related human rights process underway, will not comment further.

Slett adds she’s hopeful this will lead to meaningful change at the VPD.

“When you’re hired within the department, ongoing through your tenure as an officer or someone that works for the department, it’s so important to have this in-depth Indigenous sensitivity training,” she said, noting that this type of training needs to be ongoing and cannot be a one-off course at the beginning of an officer’s career.

Aside from the VPD, Johnson says he also hopes large organizations like BMO will take it upon themselves to learn more about government-issued status cards.

He also suggests learning about other challenges First Nations people have faced, like residential schools and colonialism, is also a good idea.

Johnson adds he feels good about the decision, saying “we’re getting close to closure for what happened to us. And it’ll be very helpful to us when this is all done with. I just hope we don’t have to go through a similar situation like this again.”