A Heiltsuk Nation man and his granddaughter have reached a settlement with the Bank of Montreal, after they were publicly arrested while trying to open a bank account in Vancouver in 2019.
On Thursday, Maxwell Johnson of Bella Bella, B.C. closed his bank account on May 5 as he announced the end of his legal action against the bank, alongside Heiltsuk Chief Marilyn Slett. They drummed and danced before the Burrard Street branch, pleased the arduous process has come to an end.
“Part of our culture is to forgive. We don’t hold onto anything,” Johnson said Thursday. “I just want people to educate themselves more about First Nations issues and our culture.”
Johnson and his granddaughter Tori-Anne were handcuffed and arrested at the Burrard location on Dec. 20, 2019, after a BMO staffer called 911, suspecting the pair of presenting fraudulent Indigenous status cards.
In addition to the lawsuit, the Johnson filed a complaint against the bank and Vancouver police with the BC Human Rights Tribunal, and a complaint against the Vancouver Police Department with the Office of the Police Complaint Commissioner (OPCC).
“That shouldn’t happen to a 12-year-old girl,” he told Global News. “The whole community felt what we went through … I don’t think it’s right that we have to prove who we are by carrying a status card.”
The human rights complaint continues, but the settlement concludes the legal action.
Slett did not reveal the dollar amount, but said it includes a private apology ceremony with BMO in Bella Bella, and the installment of territorial acknowledgement plaques at BMO branches on Indigenous land.
Johnson will also gift a piece of his own art for display at the Burrard Street branch. The piece is crafted partially in bronze to represent the “treasures” of his territory, copies will be displayed at several B.C. BMO branches where Heiltsuk members bank.
“It’s something I felt I had to do to move on with my life. It shows that we are working together to come to an agreement,” Johnson explained. “It’s good medicine.”
As part of the agreement, BMO has updated internal policies and procedures for how status cards are handled, and created an organization-wide education course on Indigenous culture for all staff. It has also participated in a Heiltsuk cultural competency workshop, established an Indigenous Advisory Council, and made various donations in support of Indigenous communities.
“We are pleased that we have reached a settlement with Mr. Johnson and his granddaughter,” wrote BMO Canadian media relations director Jeff Roman in an email. “This was an important step for BMO toward reconciliation and we hope that the Johnsons reach the resolution and closure they deserve.”
Slett said their mission has been to bring “light” to discrimination in financial institutions and change corporate culture.
“We’re in this era of reconciliation as a country and it doesn’t just rest of government and Indigenous communities to make things right, it rests on every single individual,” she said.
“Standing up for those voices that don’t really have the courage or support to be able to do what Max has — it’s really important. The changes we would like to see are certainly not one-off changes.”
Johnson and his granddaughters’ actions have already resulted in substantive change. They sparked national coverage, provoked a conversation on racial profiling, and last year, led to the first meaningful update in the Vancouver Police Department’s handcuffing policy since 2007.
In April, a retired B.C. judge ruled that the officers who arrested Johnson and Tori-Anne “recklessly used unnecessary force.” Acting as a Discipline Authority for the OPCC, Brian Neal found they committed professional misconduct, assumed fraud without sufficient information, and did not take time to assess if anyone was at risk.
Slett said she has invited Vancouver police to visit Bella Bella for the apology ceremony, but has not received a response. On Thursday, Sgt. Steve Addison said the force respects the findings of the OPCC in the matter.
“There is an ongoing Human Rights process underway and it would be inappropriate to comment further,” he wrote in an email to Global News.
Johnson and Tori-Anne are not the only Heiltsuk members whose identities have been questioned at a bank in B.C.
On May 5, 2021, Sharif Bhamji entered a TD branch in Surrey and presented his status card to a teller. He told Global News she didn’t believe who he was because of his mixed Heiltsuk and East Indian heritage. Bhamji was asked to leave, and he said police later showed up at his doorstep, likely called by the bank, which suspected him of using fraudulent identification.
When Bhamji filed a human rights complaint against TD in March, the bank said in an emailed statement it was “troubled to hear about Mr. Bhamji’s experience” and acknowledged “the hurt that was caused.” Ryan-Sang Lee, a Vancouver-based manger for TD corporate and public affairs, said TD reached out to Bhamji to make a personal apology and vows to conduct a full review of what took place.
“We recognize the reality of systemic racism and the courage it takes to speak out. We will respectfully engage and cooperate with the Canadian Human Rights Commission process,” he wrote.
Johnson said Thursday he never meant to become an activist or spokesperson, but now hopes his actions will help ensure this never happens again to anyone from a racialized community.
“I’m just glad to be able to stand up for myself, for my kids and grandkids, and other people who are afraid to come forward,” he said, adding that he overcame his panic disorder to speak in front of cameras about what happened.
Heiltsuk singer and dancer Chris Dixon, who attended the ceremony in Vancouver on Thursday, said the community stands with Johnson and his actions show they’re “not tolerating racial profiling and discrimination.”