First Nation rejects VPD gift after officers who handcuffed man and granddaughter miss apology feast

Leaders of a First Nation on B.C.’s central coast rejected an apology gift from Vancouver police leadership Monday night at a ceremony meant to heal divisions after an Indigenous man and his granddaughter were wrongly handcuffed outside a bank nearly three years ago.

A planned apology feast at the Heiltsuk Nation’s Big House was changed to an “uplifting ceremony” at the last minute when the two Vancouver police constables involved in the incident did not show up for the event.

1:57 Little reaction given after VPD officers miss Bella Bella trip

More than a dozen executive members of the Vancouver Police Department, including Chief Adam Palmer, and members of the Vancouver Police Board flew to Bella Bella for the event, intended as a reconciliation with Maxwell Johnson and his granddaughter Tori-Anne.

However, Constables Mitchell Tong and Canon Wong did not attend due to “personal reasons” according to the Vancouver Police Union.

That led to a dramatic moment when Hereditary Chief Frank Brown returned the gift, a feast bowl, police had brought.

“I can’t accept this gift,” he said, handing the gift back to Palmer.

“The world is watching us, how Canada and how the city treats its Indigenous people is going to be a powerful reflection on what we profess to be a fair and just society,” he later told the assembled crowd.

3:27 ‘I can’t accept this gift’: Heiltsuk Nation reject Vancouver police’s apology

Johnson described the outcome as “disheartening,” while Heiltsuk Elected Chief Marilyn Slett said it demonstrated a “lack of respect for Indigenous cultural traditions.”

“It also raises larger questions about systemic racism in policing,” she said.

Palmer did not speak at the ceremony and attempted not to comment to media as he left the event.

“It was a really thoughtful ceremony, and I’m really glad that we were here but I’m not making any statements tonight,” he said.

“I accept it’s a very emotional time and it’s a difficult thing for sure.”

3:37 Vancouver officers absent from apology ceremony over wrongful arrest of Indigenous man, granddaughter

In April, a retired B.C. judge acting as discipline authority for the Office of the Police Complaints Commissioner found Tong and Wong had committed professional misconduct, demonstrating “serious, blameworthy conduct.”

Brian Neal found the officers committed professional misconduct, assumed fraud without sufficient information and did not take time to assess if anyone was at risk.

Along with a several-day suspension and enrolment in de-escalation and sensitivity training, the officers were also ordered to provide a written apology and offer to meet to listen to concerns and give an oral apology.

2:13 Heiltsuk man and granddaughter reach historic agreement with Vancouver Police Board

In September, Johnson reached a settlement with Vancouver police ending a human rights complaint that also included terms requiring the Vancouver Police Board to “make best efforts to ensure that the Constables who arrested Mr. Johnson and his granddaughter attend” Monday’s apology feast.

In a statement Monday, Vancouver Police Union president Ralph Kaisers said that Wong and Tong were unable to attend the ceremony for “personal reasons,” and said the VPD had sent representatives.

“Constables Wong and Tong have apologized in person to Maxwell Johnson and his family, in addition to sending personal letters,” Kaisers wrote.

In a previous interview, Johnson said the officers did, in fact, apologize on the day of the handcuffing incident.

But in a statement Tuesday, Slett said that on-scene apology neither satisfied the terms of the OPCC discipline finding or the settlement with Vancouver police nor allowed Johnson and his family the closure they were seeking.

“Constables Canon Wong and Mitchel Tong have never apologized in person to Maxwell Johnson and his family since the incident occurred,” she wrote.

“Constables Canon Wong and Mitchel Tong have never reached out to Maxwell Johnson and his family or any member of the Heiltsuk Nation with an offer to apologize in person. Neither has the Vancouver Police Union or any other representative connected to the VPD.”

Slett noted that following the uplifting ceremony, Palmer had committed to working with the union and the two officers to get them to Bella Bella for an in-person apology.

2:40 Indigenous family settles with BMO

Johnson was trying to open a bank account for Tori-Anne, who was then 12 years old, at the Bank of Montreal’s Burrard Street location on Dec. 20, 2019, when a bank staffer suspected they had presented fraudulent Indian status cards.

The pair were told to wait in an office, while unbeknownst to them the bank called 911.

A transcript of the 911 call to police, released last November, shows the branch manager said they have been given a fake ID and they had been told by the “Indian government” to call police, and later referred to the pair as South Asian.

When officers arrived Johnson and his granddaughter were taken outside, told they were being detained, and handcuffed.

After some questioning, Johnson told Global News he realized he and his granddaughter were being accused of trying to commit fraud.

1:50 Bank appointment ends with B.C. man and granddaughter in handcuffs

The VPD incident report indicates the responding officers “formed reasonable grounds to believe that fraud had occurred.”

However, after the officers spoke with the justice coordinator for the Heiltsuk Nation, Margaret Brown, she confirmed the validity of the cards and the two were released.

Johnson later filed a lawsuit against BMO, along with complaints against both the bank and police with the Human Rights Tribunal and a complaint with the Office of the Police Complaints Commissioner.

The pair reached a settlement with the Bank of Montreal in the spring of 2022 for an undisclosed monetary sum, which also included a private apology ceremony with BMO in Bella Bella and the installment of territorial acknowledgment plaques at BMO branches on Indigenous land.

An executive with BMO apologized to Johnson in January, 2020, an apology he rejected.

Johnson, who had been a member of the bank since 2014, closed his BMO account last May.

The Vancouver Police Department revised its handcuffing policy last October, which now requires handcuffing to be “objectively reasonable in all circumstances,” proportionate to risk, and necessary to fulfill a “legitimate policing objective.”