Indigenous family, BMO settle human rights case
On the steps of a Bank of Montreal branch in Vancouver on Thursday, Maxwell Johnson held up his artwork symbolizing forgiveness.
The Indigenous man was handcuffed along with his granddaughter two years ago after bank staff called the cops, suspecting the pair presented fraudulent status cards.
“Part of our culture is that we don't hold on to grudges. We forgive,” said the 58-yearold of the Heiltsuk First Nation, who closed his account at the Vancouver bank on Thursday after settling his human rights complaint.
The terms of the settlement include an undisclosed payment to the pair and a private apology ceremony in their community of Bella Bella.
The Burrard Street branch and BMO locations in
Nanaimo, Campbell River, Prince Rupert and Victoria have also agreed to showcase Johnson's artwork, which depicts a human face above the bank's logo.
“The human represents our culture. We are told that when we go through trauma we are never alone, our ancestors walk alongside us,” he said.
The bank locations will also display plaques that acknowledge the First Nation territories in which they sit.
“We hope this is the first step to some lasting changes,” said Marilyn Slett, chief of the Heiltsuk Nation, who spoke Thursday in support of Johnson.
Johnson was trying to open a bank account for his granddaughter, Tori-Anne, on Dec. 20, 2019 when staff called 911 to report an alleged fraud after looking at the pair's identification documents.
“I had no idea they were calling the police,” he said. “Watching them handcuff my 12-year-old granddaughter and seeing her crying right in front of me, it broke my heart.”
In an April decision on behalf of the Office of the Police Complaint Commissioner, retired judge Brian Neal found Vancouver officers committed misconduct by “using unnecessary force” in arresting the pair, who were detained on the sidewalk outside the bank for 45 minutes before being released.
“Two vulnerable persons of Indigenous heritage were exposed to unnecessary trauma and fear, and left with a serious perception of unfairness in their treatment at the hands of police,” Neal said.
BMO later apologized and said the incident “does not reflect us at our best.”
Now, more than 25,000 of its employees have completed a course on Indigenous culture, which the company has made mandatory for staff.
The financial institution has also said it established an Indigenous Advisory Council and changed the internal policy for how Indigenous status cards are handled.
“I don't think it's right that we have to prove who we are by carrying a status card,” said Johnson.
While the Union of British Columbia Indian Chiefs applauded the outcome of negotiations Thursday, president Stewart Phillip said “discrimination
against First Nations people in British Columbia is rampant.”
The organization said it plans to launch a review of status card discrimination against B.C. Indigenous peoples for a report issued this fall.
Johnson said he suffered from reoccurring panic attacks during the lengthy negotiation process.
“Getting all these email, text and phone call updates
about the BMO complaint took a toll on me,” he said.
Johnson's complaints with the B.C. Human Rights Tribunal and Canadian Human Rights Commission against the Vancouver Police Department remain outstanding.
“It's been a very hard two years, not only for myself but for my granddaughter and son,” he said. “To this day, Tori-Anne still has issues.”