Heiltsuk man, granddaughter still await in-person apology from Vancouver Police

An Indigenous man and his granddaughter who were wrongly handcuffed by Vancouver police outside of a Bank of Montreal (BMO) in 2019 are still seeking an in-person apology from the officers involved.

Maxwell Johnson and his granddaughter, who was 12 years old at the time, were accused by bank staff of fraud and subsequently handcuffed by officers at the BMO branch on Burrard Street. The pair had been trying to open an account for the girl at the time.

Vancouver Police Department (VPD) constables Canon Wong and Mitchel Tong were invited to an apology ceremony in Bella Bella on Oct. 24, 2022, but they never showed up. This was after they had originally told the retired judge who disciplined them that they were willing to apologize in person.

“It’s part of our culture, when we have an apology ceremony, or watching ceremony, that all parties need to be there for the ceremony to go forward,” said Johnson.

“Having this will help us all to move forward in our lives.”

Now, more than a year later, Johnson and his granddaughter have applied to B.C.’s Office of the Police Complaint Commissioner (OPCC) for a review of the disciplinary measures imposed on Wong and Tong. They are also asking for the constables to visit their Nation for a ceremony re-do in Bella Bella.

Under the Police Act, anyone can apply for reconsideration of new evidence.

“Mr. Johnson and his granddaughter say that the constable’s refusal to respect Heiltsuk culture and attend the ceremony is evidence that the constables will not agree to a culturally appropriate apology without being ordered to on reconsideration,” said the Heiltsuk Nation in a release.

“There is a hole in me right now, as my family, my people, and my culture are being disrespected and cast aside. If the constables don’t come to Bella Bella and apologize in the proper way, the hole in me, and in our community, will remain,” Johnson added in the release.

Heiltsuk Elected Chief Marilyn Slett told CityNews on Wednesday that even though the VPD sent board members and Chief Adam Palmer to Bella Bella last year, the ceremony required the constables involved to be there in person.

“It was really important to Max and his granddaughter and our community that this be rooted in our cultural laws and our traditions, that the ceremony takes place,” Slett said.

She says she doesn’t know why they didn’t show up but adds this brings into question if the VPD is committed to anti-racism initiatives.

“The Vancouver Police Board is supposed to be working with us to address systemic racism, but the ongoing failure of their constables to respect Heiltsuk legal traditions and culture, and to apologize in an appropriate way, is systemic racism in action,” said Slett in the release.

She explains the ceremony is meant to bring closure to everyone.

“The ceremony is a healing ceremony so it’s something that is not just for the person being apologized to but it really is holistic in supporting the officers as well,” Slett added.

Andrea Spindler, the deputy police complaint commissioner at the OPCC, tells CityNews in a statement that “it is the responsibility under the Police Act for the Chief Constable of the municipal police department to take every reasonable step to ensure that the imposed disciplinary or corrective measures are undertaken, even if those penalties have been imposed by a retired judge as in this case.”

Spindler adds the OPCC has received the request and is unable to provide further comment at this time.

Meanwhile, the VPD has never explained why the constables did not show up. The Heiltsuk Nation explains it has also arranged another meeting by talking with Vancouver Mayor Ken Sim but there has been no progress.

“It’s been very silent on their part as to the reason why but we have always left that door open,” Slett said

The Heiltsuk Nation adds an apology ceremony attended by the constables “would be reconciliation in action.”

Faye Wightman, vice chair of the Vancouver Police Board, tells CityNews as the application is before the OPCC, “it would be inappropriate to comment.”

-With files from Greg Bowman and Monika Gul