VPD officers suspended for handcuffing Indigenous man and granddaughter at BMO

Two Vancouver police officers acted recklessly and oppressively when they arrested an Indigenous man and his granddaughter at a downtown Bank of Montreal branch more than two years ago, a judge said in his disciplinary hearing decision.

Const. Canon Wong and Const. Mitchel Tong placed Maxwell Johnson and his then-12-year-old granddaughter in handcuffs outside the Burrard Street bank on suspicion of fraud while Maxwell was trying to add his granddaughter’s name to his account.

Bank of Montreal in Vancouver/Shutterstock

“The officers’ actions in arresting and handcuffing the parties were undertaken without reasonable and probable grounds,” retired judge Brian Neal wrote in his January 2022 decision. “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.”

The decision was shared Wednesday by the Heiltsuk Nation, of which Johnson and his granddaughter are members. The Office of the Police Complaint Commissioner has not yet posted any decisions for 2022.

Although Maxwell and his granddaughter were released approximately an hour after being arrested, Neal said the whole ordeal was unnecessarily traumatic and “profoundly disrespectful.”

Neal concluded the officers breached their professional code of conduct when they arrested the pair without sufficient cause and that handcuffs were an unnecessary use of force — especially on a 12-year-old girl. The incident prompted the Vancouver Police Department to change its handcuffing policy.

According to a news release from the Heiltsuk Nation, the police tribunal ordered the officers to be suspended for several days and to complete training on cultural sensitivity, de-escalation, risk assessment, and power of arrest. They were also ordered to give a written apology and offer to meet for an oral apology.

The nation has invited the two officers to Bella Bella to attend an apology ceremony where Johnson and his granddaughter will be in attendance.

“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,” elected Heiltsuk Chief Marilyn Slett said.

Johnson has also filed a human rights complaint about what happened. That decision is still forthcoming.