First Nations Say VPD’s Ongoing Failure To Properly Apologize Puts Human Rights Settlement At Risk

Heiltsuk Nation members seek a culturally appropriate apology from VPD Constables’ failure and ask the constables to apologize in a culturally appropriate way is systemic racism in action and is preventing progress on a landmark human rights settlement with the Police Board. 

By DESIBUZZCanada Staff

VANCOUVER – Maxwell Johnson and his granddaughter applied recently under the Police Act, for reconsideration of the disciplinary measures imposed on VPD constables Wong and Tong, who detained and handcuffed them on a busy downtown street after they visited a Bank of Montreal (BMO) in December 2019, to open a bank account for Johnson’s granddaughter, who was 12 years old at the time. 

Under the Police Act, anyone can apply for reconsideration on new evidence. The constables told the retired judge who disciplined them that they were willing to apologize in person, but then they didn’t show up to a planned Apology Ceremony in October 2022 in the Heiltsuk home community of Bella Bella. Johnson and his granddaughter say that the constables’ refusal to respect Heiltsuk culture and attend the ceremony is evidence that the constables will not agree to a culturally appropriate apology without being ordered to on reconsideration. 

The planned Heiltsuk Apology Ceremony was a key requirement of a landmark human rights settlement between the Vancouver Police Board, Mr. Johnson, the Heiltsuk Nation, and the Union of BC Indian Chiefs (UBCIC) that would lay the foundation for crucial and historic work under the settlement on systemic policing reform, with the BC Human Rights Commissioner providing third-party review of that systemic work – work that has stalled without an appropriate apology. 

Johnson and his granddaughter are asking the Police Complaint Commissioner to reconsider the discipline decision with a view to requiring the constables to attend a Heiltsuk Apology Ceremony. 

“When the constables told the retired judge that they would apologize and wrote to us to say they wanted to meet in-person, I felt we were finally going to achieve justice and closure,” said Maxwell Johnson. “Unfortunately, it has become clear that they don’t want to make the substance of a meaningful apology. There is a hole in me right now, as my family, my people, and my culture are being disrespected and cast aside. If the constables don’t come to Bella Bella and apologize in the proper way, the hole in me, and in our community, will remain.” 

Since the first Apology Ceremony was cancelled, the Heiltsuk Nation has made efforts to arrange another, including by talking with Vancouver Mayor Ken Sim, the Police Board Chair. Unfortunately, there has been no progress, and the ongoing failure of the constables to apologize in a culturally appropriate way, and the Vancouver Police Board’s failure to hold them accountable as their employer, means other critical efforts to fight systemic racism in the VPD, agreed to in the landmark human rights settlement, have not moved forward.

“The Vancouver Police Board is supposed to be working with us to address systemic racism, but the ongoing failure of their constables to respect Heiltsuk legal traditions and culture, and to apologize in an appropriate way, is systemic racism in action,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “There has been an opportunity for the Board and the constables to demonstrate their support and commitment to anti-racism, reconciliation, and UNDRIP, but they haven’t done it. The Nation stands behind Max and his granddaughter and hopes the Police Complaint Commissioner will do the right thing.”

The request for reconsideration takes place in the context of the BC government’s commitment in section 3.11 of the Declaration on the Rights of Indigenous Peoples Action Plan to develop and implement policing reforms to address systemic biases and racism. In April 2022, the Special Committee on Reforming the Police Act called for transformational change in policing and community safety and set out a vision of decolonization, anti-racism, community, and accountability. 

In the meantime, the existing Police Act remains, but it must be applied consistently with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Indigenous rights are collective rights. When a member of the Heiltsuk Nation suffers harm and discrimination, it impacts the whole community. An Apology Ceremony is the appropriate way, under Heiltsuk law and culture, to apologize and make things right.

UNDRIP also affirms the right of Indigenous peoples to their own legal institutions, cultural traditions and ceremonies, and juridical systems. It is critical for the police, who have historically been a blunt instrument of colonization against Indigenous peoples, to respect UNDRIP’s minimum human rights standards.

A Heiltsuk Apology Ceremony, attended by the constables, would be a positive, uplifting and healing experience for everyone involved. It would be reconciliation in action.