Police Complaint Commissioner to Review Discipline Decision in Handcuffing of Indigenous Grandfather and Granddaughter
For the first time since its establishment, the Office of the Police Complaint Commissioner (OPCC) in British Columbia will conduct a review of a police discipline decision. This landmark case involves two Vancouver Police Department officers who handcuffed an Indigenous grandfather and his 12-year-old granddaughter during a 2019 incident that began at a Bank of Montreal branch.
The 2019 Incident and Subsequent Proceedings
In December 2019, Maxwell Johnson, a Heiltsuk Nation artist from Bella Bella, and his granddaughter Tori visited a Vancouver bank to open an account for the young girl. When they presented their Indian status cards as identification, a bank employee became suspicious and called 911, mistakenly believing the documents were fraudulent.
Vancouver Police Department constables Canon Wong and Mitchel Tong responded to the call and proceeded to arrest both Johnson and his granddaughter outside the bank, placing them in handcuffs. The original discipline proceeding determined that the officers had committed misconduct by "recklessly arresting and handcuffing" the pair without proper justification or due cause.
Discipline Measures and Unfulfilled Apology Ceremony
A retired judge serving as the discipline authority ordered several corrective measures following the misconduct finding. These included requiring Constables Wong and Tong to meet with Maxwell Johnson and his granddaughter to deliver an oral apology directly to them.
While the officers provided written apologies, they did not attend a 2022 ceremony that was organized as part of a human rights settlement. During this planned event, Vancouver Police Department leaders were scheduled to meet with members of the Heiltsuk Nation for a formal apology ceremony. The ceremony ultimately did not proceed because the two officers involved in the arrest were not present.
New Evidence and Cultural Considerations
Police Complaint Commissioner Prabhu Rajan announced on Wednesday that retired judge Wally Oppal will adjudicate the review of the discipline decision. Rajan stated that new evidence had been submitted by the Johnson family explaining "the importance of an apology ceremony under Heiltsuk law and the ongoing harm caused to the applicants because of the lack of a culturally appropriate apology."
Rajan noted that while the original discipline decision ordering an apology "was well-intentioned in seeking to improve the relationship between the applicants and the police," the officers' refusal to participate in the ceremony "appears to have worsened the relationship between the parties."
Historical Significance and Next Steps
This case marks the first time the OPCC has exercised its authority to reconsider a decision under the Police Act. The review will provide an opportunity for an adjudicator to determine, with consideration of the new evidence and in the context of the Declaration on the Rights of Indigenous Peoples Act, whether the officers should be required to provide oral apologies to the Johnson family, and if so, under what specific terms and conditions.
A date for the review hearing has not yet been scheduled. The outcome of this proceeding could establish important precedents for how police discipline cases involving Indigenous communities are handled in British Columbia, particularly regarding culturally appropriate reconciliation measures.
