Relationship between Vancouver Police Board, Heiltsuk Nation has 'broken down,' commissioner says

B.C.'s human rights commissioner is calling on the Vancouver Police Board and the Heiltsuk Nation to repair their relationship through a new apology ceremony.

Kasari Govender released an interim report Wednesday, outlining the progress of an agreement made between VPB and the Heiltsuk Nation to address anti-Indigenous racism in policing. That agreement was part of a settlement made between the parties in 2022, following a human rights complaint filed by Maxwell Johnson after he and his granddaughter were wrongly handcuffed outside a Vancouver bank when trying to open an account. 

"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 in a statement.

"However, 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. 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."

In December, Johnson asked B.C.'s Office of the Police Complaint Commissioner to reconsider the disciplinary measures handed down against constables Canon Wong and Mitchel Tong after they didn't attend a Heiltsuk apology ceremony, which they were invited to. 

"There is a hole in me right now, as my family, my people, and my culture are being disrespected and cast aside," Johnson said in a statement shared late last year, in which the family asked for a new ceremony that included the constables. "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."

Govender's report recommended Heiltsuk Nation and VPB work towards facilitating a new apology ceremony "that is agreeable to both parties." Her report also called for the leaders of each party and representatives from the Johnson family to meet in the next three months.

"It is my hope that this review will help the parties get their work back on track. For reform to be successful, police must ensure Heiltsuk law and perspectives are respected in both the process and results of these efforts," Govender's statement said.

"With less than a year remaining in this agreement, it is crucial that the VPB and the Heiltsuk Nation refocus their efforts on rebuilding a respectful relationship, as such relationships are essential to the process of reconciliation."

In a statement, the Heiltsuk Nation said it welcomes the commissioner's report and hopes "it prompts the VPB to work with the Heiltsuk to ensure the constables finally attend an apology ceremony."

"Our nation has been trying for more than a year to get the constables to come to an apology ceremony and apologize to Max and his granddaughter in a culturally appropriate way, under Heiltsuk law," said Marilyn Slett, elected chief of the Heiltsuk Nation, in a statement.

"The commissioner's report affirms that 'an apology ceremony in accordance with Heiltsuk law is necessary' before we can move forward with the other critical anti-racism reform work entailed in the agreement."

A statement from VPB vice-chair Frank Chong said the board and the Vancouver Police Department have "implemented a significant number of new policies, procedures, cultural awareness initiatives, as well as other training," in the wake of the 2019 incident.

"We are committed to continuing this work with the (Heiltsuk Tribal Council) in the spirit outlined by the commissioner, to resolve current disagreements and find a path forward together," the statement said.

The VPB did not respond to CTV News Vancouver's question about whether it would agree to a new apology ceremony with Tong and Wong in attendance, but said it has "just received the report and (has) to meet to consider next steps in the path forward."

With files from CTV News Vancouver's Andrew Weichel