Vancouver Police Board, Heiltsuk Nation ‘need to repair relationship’: BC Human Rights Commissioner

B.C.’s Human Rights Commissioner says the Vancouver Police Board (VPB) and the Heiltsuk Nation need to repair their relationship before they can move ahead with steps to address systemic issues within the Vancouver Police Department.

In an interim report released Wednesday, Commissioner Kasari Govender says collaboration has broken down between the First Nation and the police board.

The two sides had come to a settlement agreement in September 2022 after a human rights complaint was filed by a member of the Heiltsuk Nation who was wrongfully handcuffed, along with his granddaughter, outside a Bank of Montreal location in downtown Vancouver in 2019.

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.

“The agreement reached by the Johnson family, the Heiltsuk Nation and the Vancouver Police Board to work together to address racism in policing was and is something to celebrate,” said Govender. “However, in my review, I found that the relationship between the Heiltsuk Nation and the VPB has broken down and must be repaired in order to move forward. I urge the parties to collaborate and recommit to the promise of this landmark agreement and to move forward in a way that respects Heiltsuk law.”

The report urges the Heiltsuk Nation and the VPB to work together to “facilitate a new Apology Ceremony that is agreeable to both parties,” in accordance with Heiltsuk law.

“It is my hope that this review will help the parties get their work back on track. For reform to be successful, police must ensure Heiltsuk law and perspectives are respected in both the process and results of these efforts. With less than a year remaining in this agreement, it is crucial that the VPB and the Heiltsuk Nation refocus their efforts on rebuilding a respectful relationship, as such relationships are essential to the process of reconciliation,” Govender added.

In a statement Wednesday, the Heiltsuk Nation says as part of the agreement, the VPD is to “exercise best efforts” to ensure the two constables attend an Apology Ceremony. However, the Nation states it is “not aware” of any of these efforts since the constables did not show in 2022.

“Since then, the relationship between the VPB, Mr. Johnson, and Heiltsuk Nation has broken down. As the report recognizes, this has stalled the critical anti-racist policing reform work under the agreement,” the Nation said.

The Nation says it and Johnson “welcome” the commissioner’s report, and hope it ensures the constables do attend an Apology Ceremony “so that the collaborative policing reform work under the agreement can proceed.”

“Our Nation has been trying for more than a year to get the constables to come to an Apology Ceremony and apologize to Max and his granddaughter in a culturally appropriate way, under Heiltsuk law,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “The Commissioner’s report affirms that ‘an apology ceremony in accordance with Heiltsuk law is necessary’ before we can move forward with the other critical anti-racism reform work entailed in the agreement.”

-With files from Mike Lloyd and Cole Schisler