Heiltsuk man, granddaughter reach settlement in human rights complaint against BMO

Speaking on the Vancouver sidewalk where he and his 12-year-old granddaughter were slapped in handcuffs over two years ago, Maxwell Johnson announced afinancial settlement has been reached in their human rights complaintagainst the Bank of Montreal.

On Dec. 20, 2019, the two members of the Heiltsuk Nation in Bella Bella, B.C., tried to open a bank account at the BMO branch on Burrard Streetwhen staff called 911 to report an alleged fraud after looking at the pair's identification documents, including their government-issued Indian status cards.

Attending officers from the Vancouver Police Department (VPD) put both Johnson and his granddaughter in handcuffs.

"It's been a long two years of litigation with BMO and I'm really happy we're coming to a conclusion. It's been a very hard two years,not only for myself, but for my granddaughter and son," said Johnson on Thursday.

The settlement includesan undisclosedmonetary payment to Johnson and his granddaughter. Other terms include:

• An apology ceremony in Bella Bella.
• A work of art created by Johnson, an artist, gifted and put on displayat the BMOBurrard Street branch with copies also displayed at BMO branches in Victoria, Campbell River, Nanaimo and Prince Rupert, where Heiltsuk members bank.
• Territorial acknowledgement plaques installed at the above branches and possibly expanded across Canada.
• BMO updating internal policies and procedures for how status cards are handled.

In a statement, BMO said it was pleased to have reached a settlement.

"This was an important step for BMO toward reconciliationand we hope that the Johnsons reach the resolution and closure they deserve."

Johnson said a washing ceremony helped him and his community come to a place of forgiveness with the bank.

"Part of our culture is to forgive," he said, "to show that we are working together to come to an agreement."

Heiltsuk Nation Chief Coun.Marilyn Slettsaid they are hoping for a similar resolution with the VPD.

"Max has extended to the officers an invitation to an apology ceremony in our community," she said. "They have not responded as of yet."

WATCH | Surveillance footage of Johnson and his granddaughter being put in handcuffs:

VPD officers handcuff Heiltsuk man and 12-year-old granddaughter outside bank

3 years ago

Duration 2:42

Maxwell Johnson and his 12-year-old granddaughter are handcuffed by Vancouver police officers on a busy street outside a BMO branch in Vancouver after the pair tried to open her first bank account using government-approved Indian Status cards.

The VPDhas apologized for handcuffing Johnson and his granddaughter. The two officers involved were suspended after adisciplinary decision said they committed misconduct in exposing the man and girl to "unnecessary trauma and fear" and "a serious perception of unfairness in their treatment at the hands of police."

Phone transcripts from Dec. 20, 2019, reveal that a BMO branch manager called 911 because she thought Johnson and his granddaughter were presenting fake identification cards.

The manager said she was also concerned about a large sum of money Johnson had in his account funds he and all other Heiltsuk members received as a result of an Aboriginal rights settlement.

On Thursday, Johnson closed his bank accounts at BMO. He said he hopesthe incident leads to changein corporations and governments, and a better understanding of Indigenous peoples.

"I don't think we have to prove who we are by carrying a status card," he said.

"Our people have been on the coast for 14,000 years longer than the pyramids have been up. I just want people to be educated."