A disciplinary decision posted online Wednesday said both Vancouver police officers committed misconduct when handcuffed Maxwell Johnson, then 56, and his granddaughter outside the bank in December 2019.
“I have found both [officers] acted aggressively in their dealings with Mr. Johnson and his granddaughter. “The actions of the police officers to arrest and handcuff the parties were carried out without reasonable and probable reasons”, wrote Brian Neil, a retired district court judge appointed in the case by the Office of Police Complaints Commissioner (OPCC).
“Two vulnerable indigenous people were exposed to unnecessary trauma and fear and were left with a serious sense of injustice in their treatment at the hands of the police.”
Johnson, a member of the Heiltsuk Nation, was trying to open an account for his granddaughter. The couple used their Indian Status State Cards, birth certificate and medical card as ID, but an employee became suspicious and called 911.
Police arrived and handcuffed Johnson and his granddaughter outside the bank on a busy downtown street. Both were released within an hour.
Neil found that police officers committed two counts of abuse of power “by recklessly arresting complainants and using unnecessary force by handcuffing.”
The Bank of Montreal apologized for calling police about Maxwell Johnson and his granddaughter. (Maggie Macpherson / CBC)
In an interview Wednesday, Johnson said the decision came as a shock.
“I was surprised by the decision and also happy that we are moving forward with it … we are finally getting somewhere,” Johnson said, speaking from his home via Zoom.
“Two years have passed and it has been very difficult for us physically and mentally – I can’t wait for it all to end and I hope people will learn something from it.”
The Hilltzuk Nation invites officers for an apology ceremony
Neil ordered the officers suspended. The OPCC said it could not confirm the duration of the privacy suspensions, but the nation said officers would be out of work for “several days”. Officers should also be retrained and formally apologize. The Heiltsuk nation has invited officers to their territory for a formal apology with Johnson, his granddaughter and the community. “This story has become a symbol of the fight against systemic racism and we are committed to working with the officers to make a broader change and ensure that this never happens again,” Marilyn Schlett, the Nation-elected leader, wrote in a statement Wednesday. Heilchuk. . Neil made his disciplinary decision in January and imposed the sentences in mid-March. Both officers have 20 working days from the date of the sanctions to request a review of the decision “if they are not satisfied” with the findings before the OPCC formally closes the file, according to a statement. Last October, the Vancouver Police Department changed its handcuff policy.
