Heiltsuk Nation: Vancouver – Retired judge Brian Neal, Q.C., has decided VPD officers committed professional misconduct by recklessly arresting and handcuffing Maxwell Johnson and his 12-year-old granddaughter on December 20, 2019, while the two were trying to open a bank account for her at the Bank of Montreal.

He found that the granddaughter and grandfather presented no risk to the safety of any person and provided no concern for flight or unpredictability. Neal also found that the officers 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.

The tribunal ordered the officers be suspended for several days, that they complete intensive, immersive Indigenous cultural sensitivity training, and that they complete re-training on de-escalation skills, risk assessment, and power of arrest. The tribunal also 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.”