Vancouver police, Heiltsuk relationship has 'broken down': review

British Columbia's human rights commissioner says the relationship between the Vancouver Police Board (VPB) and the Heiltsuk Nation has "broken down," following an agreement to address systemic racism in policing. 

"Significant shortcomings" in the follow-through on that agreement were found and detailed in a report by commissioner Kasari Govender. 

"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," Govender said in a media release. 

"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 strain between the First Nation and Vancouver police stems from the handcuffing of Heiltsuk members Maxwell Johnson and his 12-year-old granddaughter, after they tried to open a bank account at a BMO branch in downtown Vancouver in December 2019.

Staff called 911 to report alleged fraud after looking at their identification documents, including their status cards, and Vancouver Police Department (VPD) officers put the pair in handcuffs. 

Soon after, police determined they weren't attempting to commit fraud and released them. 

The officers who handcuffed Johnson and his granddaughter were suspended for misconduct, and a human rights settlement was reached, including a monetary payment to the pair and an apology ceremony in Bella Bella.

But the officers involved in the handcuffing didn't show up — instead, VPD Chief Adam Palmer and several other high-ranking officers and VPB members showed up, bearing gifts and ready to apologize to the nation. The Heiltsuk Nation rejected those offerings because they expected the offending officers to be part of the ceremony. 

WATCH | No explanation for officers' no-show at ceremony, elected chief councillor says: 

Heiltsuk chief describes 'lack of respect' in tension between First Nation and Vancouver police

9 months ago

Duration 6:26

Heiltsuk Elected Chief Councillor Marilyn Slett discusses the continuing tension between the Vancouver Police Board and the First Nation, more than four years after a Heiltsuk man and his granddaughter were handcuffed by officers outside a Vancouver bank. B.C.’s human rights commissioner is urging the board and the nation to recommit to a settlement agreement.

In a statement, the Heiltsuk Nation said while the agreement states the VPB must "exercise best efforts" to make sure those officers attended the ceremony, that did not happen. 

"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 statement reads. 

The settlement agreement reached in 2022 included an admission by the police board that its officers contravened the Human Rights Code, as well as a $100,000 payment to the Heiltsuk Tribal Council and an undisclosed award to Johnson.

The settlement agreement said it expected the two officers involved to attend the 2022 ceremony but it wasn't mandatory, and instead it committed the police board to "ensure best efforts'' that the officers attend.

The Vancouver Police Board said at the time of the ceremony that the board was the respondent in the human rights case launched by Johnson, not the constables.

WATCH | Maxwell Johnson's granddaughter speaks after 2022 settlement: 

Heiltsuk hereditary chief returns gift from Vancouver police

2 years ago

Duration 1:14

Heiltsuk hereditary Chief Frank Brown returned a feast bowl the Vancouver Police Department had given chiefs during what should have been an apology feast in Bella Bella, B.C., on Oct. 24, 2022.

In December, Johnson and his granddaughter called on B.C.'s police complaint commissioner to reopen discipline proceedings against the two officers, Mitchel Tong and Canon Wong, and to encourage them to attend another ceremony in Bella Bella. 

In her report released Wednesday, Govender recommends that groups gather for a second apology ceremony, and asked for all parties to meet in the next few months.

"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," Govender said.

WATCH | Heiltsuk chief returns gift after officers fail to attend apology ceremony: 

Maxwell Johnson's granddaughter speaks after human rights settlement

2 years ago

Duration 1:56

Maxwell Johnson's granddaughter, Torianne, makes a statement after she and her grandfather settled their human rights complaint against the Vancouver Police Board over their wrongful detainment in 2019.

The Heiltsuk Nation says it hopes the commissioner's report will make the VPB ensure those officers attend an apology ceremony. 

"We are glad the human rights commissioner recognized the need for the apology ceremony to take place," Heiltsuk Nation's Elected Chief Councillor Marilyn Slett told CBC News.

She says her community is "deeply disturbed" by a lack of apology years after the incident.  

"The [apology] ceremony is how you make things right under our Heiltsuk law and culture," Slett added. 

"It's a healing ceremony ... and without the ceremony there's no meaningful remedy ... no respect for Indigenous laws and traditions."

The VPB said it was unavailable for an interview, but sent a statement from vice-chair Frank Chong saying the board is committed to working with the Heiltsuk Tribal Council and the Johnson family to review policies.