B.C. Indigenous man, granddaughter settle human rights complaint against BMO for wrongful arrest

A B.C. Indigenous man and his 14-year-old granddaughter have agreed to a settlement with the Bank of Montreal after the pair was handcuffed over two years ago at the Burrard branch in Downtown Vancouver.

Maxwell Johnson and his granddaughter will receive an undisclosed payment from the bank, while BMO will take part in a private apology ceremony. BMO will also display art created by Johnson at the Burrard branch.

The pair will also receive an undisclosed payment from the bank.

Johnson closed his account Thursday, with members of the Heiltsuk Nation gathering outside the bank to show their support.

“This ends our legal action against the bank for what happened to me and my granddaughter, but we are still in a healing process,” said Johnson. “Closing my account today is part of that process. While we appreciate the actions BMO has taken as part of this settlement and hope they will continue to educate themselves about Indigenous peoples and take actions towards reconciliation, this bank still triggers painful memories for me and my family.”

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A former judge previously found two police who arrested Johnson and his then-12-year-old granddaughter had committed professional misconduct and that officers “acted oppressively.”

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

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

The police report said “despite the suspicious circumstances,” officers determined no crime had been committed and “the cards likely presented as fraudulent due to clerical errors from Indian Affairs.”

Maxwell Johnson, the Indigenous man put in handcuffs along with his granddaughter at this BMO in Downtown Vancouver in 2019, has reached a financial settlement with the bank. He forgives BMO, after a washing ceremony. We’ll have more on air and online @CityNewsVAN pic.twitter.com/LcyW7CGL72

— Martin MacMahon (@martinmacmahon) May 5, 2022

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

The decision from retired judge Brian Neal’s investigation on behalf of the OPCC was shared last month by the Heiltsuk Nation.

Neal substantiated allegations of misconduct against both officers, in that they recklessly arrested Johnson and his granddaughter without good and sufficient cause and used unnecessary force in handcuffing the two people.

An order was also issued for the officers to undergo a suspension and various types of training, including Indigenous cultural sensitivity.

As part of the settlement announced Thursday, BMO will take part in a private apology ceremony in Johnson’s community of Bella Bella. A piece of art created by Johnson will be displayed at the Burrard branch where the 2019 incident took place.

Copies will also be displayed at several other branches where Heiltsuk members do their banking.

Artwork created by Maxwell Johnson that will be displayed at BMO branches. (Courtesy: Heiltsuk Nation)

BMO will also display territorial acknowledgment plaques at all branches indicating on which First Nations traditional territory the branch is located, “and will make best efforts to expand this to branches across Canada,” the Nation said in a statement.

“The Heiltsuk Nation could not be prouder of Max and his granddaughter for pursuing justice and making real and significant change in the fight against systemic racism,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “We will continue to support Max and his granddaughter in their healing journey, and we remain committed to working with all institutions who seek to make broader change to ensure this kind of incident never happens again.”

Johnson and his granddaughter’s complaint against the Vancouver Police Department at the BC Human Rights Tribunal is still underway.