Ruling finds VPD officers used ‘unnecessary force’ in wrongful arrest of grandfather, granddaughter

A retired B.C. judge has found that Vancouver police officers “recklessly used unnecessary force” when arresting a grandfather and granddaughter in December 2019.

Retired judge Brian Neal, Q.C., acting as a Discipline Authority for the Office of the Police Commissioner, found the officers committed professional misconduct in their dealings with the pair and found that the man and girl “presented no risk to the safety of any person and provided no concern for flight or unpredictability.”

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Neal also found that the officers, identified as Const. Wong and Const. Tong, acted recklessly and without any reflection, assumed fraud without sufficient information, did not take time to exercise judgment to assess if anyone was at risk, and assumed that handcuffing was appropriate without good and sufficient cause.

“I have found that the officers’ actions in arresting and handcuffing the parties was undertaken without reasonable and probable grounds. I have found that no reasonable police officer standing in the shoes of the two officers could support such actions based on suspicion alone. Furthermore, I have found that such actions demonstrated serious, blameworthy conduct contrary to section 77 of the Police Act,” wrote Neal in his decision.

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Maxwell Johnson was arrested with 12-year-old Tori-Anne when they tried to open a bank account at the Bank of Montreal.

Suspecting them of fraud, a BMO staffer called 911, and police handcuffed and detained the pair, who are members of the Heiltsuk First Nation in Bella Bella, B.C.

Following the incident, Johnson filed a complaint with the Office of the Police Complaint Commissioner and the BC Human Rights Tribunal. They also filed a complaint with the Canadian Human Rights Tribunal against the Bank of Montreal, which called the police.

Last October, Vancouver police voted to make permanent an interim change to its handcuffing policy following this incident.

The update provides greater clarity on the conditions in which officers may handcuff civilians, particularly those belonging to an “equity deserving group.”

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The tribunal has ordered that the officers be suspended for several days from the force and that they complete intensive, immersive Indigenous cultural sensitivity training. They also need to re-train on de-escalation skills, risk assessment and power of arrest, according to the ruling.

Further, the tribunal ordered the officers to provide a written apology and offer to meet to listen to concerns and give an oral apology.

“We are inviting the officers to travel to Bella Bella to take part in an apology ceremony with Max, his granddaughter, and our community,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “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.”

This decision does not decide the two outstanding human rights complaints against the Vancouver Police Department and the Bank of Montreal.