‘Progressive’ Handcuff Policy Ordered By Vancouver Police Board

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On Thursday, the Vancouver Police Board approved a “progressive” interim policy requiring Vancouver police officers to reconsider handcuffing criminal defendants.

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“This will be a progressive route (compared to) other departments across the country,” Deputy Chief Howard Chow said.

The handcuff policies of other Canadian police departments are “minimalist,” described in “a total of two paragraphs,” said Drazen Manojlovic, director of the Vancouver Police Planning Investigation and Audit Section.

The interim change in Vancouver will direct officers to use discretion when detaining individuals and to consider the nature of the alleged crime, their age and ethnicity, and any medical conditions, injuries, or disabilities they may have.

Manojlovic submitted a report to the board recommending the change, written after the arrest of an indigenous man and his 12-year-old granddaughter at a bank in 2019.

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An independent external review of the department’s protocols was launched after Maxwell Johnson and his granddaughter were handcuffed after the Bank of Montreal called police. Bank staff suspected that the government-issued status cards the couple presented were fake and reported ongoing fraud.

The couple were released after agents determined that the identifications were valid.

The police department issued a statement after a human rights case was launched saying the circumstances were “regrettable” and understandably traumatic for Johnson and his family.

“The use of handcuffs is a use of force by the officer,” Manojlovic said at Thursday’s meeting. “Officers have the discretion not to handcuff anyone.”

Johnson, a member of the Heiltsuk Nation, said VPD’s use of handcuffs caused his son and granddaughter to suffer from mental health problems. He accused the VPD of racism in complaints to the BC Human Rights Court and the Canadian Human Rights Commission.

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“I think the new policy is a good idea, not just for First Nations peoples, but for all people of color,” Johnson said Thursday. “Maybe it would have been better for us if this was in place two years ago.”

Heiltsuk Nation Chief Counsel Marilyn Slett said the policy change does not go far enough to address the underlying cultural competencies Vancouver police have over First Nations peoples.

“Until there is a really significant change and the police learn about things, including status cards and remove their assumptions about Native Americans, these kinds of things can still happen,” Slett said. “No one should have to go through what Maxwell and his granddaughter did.”

Neither Johnson nor Plett of the Heiltsuk Nation said they were consulted about the policy change.

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“Being handcuffed by a police officer can be a deeply stressful event. Members should, whenever possible, try to maintain the dignity of the person arrested, detained or apprehended and take such measures as are reasonable in the circumstances, ”the interim policy says.

The board says it received a second complaint regarding handcuffs in June after the VPD wrongly handcuffed a retired black judge.

Beginning November 1, front-line officers and all VPD recruits will be trained in the interim policy, which recommends that handcuffs be used only when reasonable, proportionate to risk, and when an officer deems it necessary to comply with a legitimate police target.

The interim policy will not be finalized until the court issues and the Police Complaints Commissioner’s Office makes a disciplinary decision on the conduct of the officers who arrested him, as well as consult with First Nations communities.

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Union of BC Indian Chiefs President Grand Chief Stewart Phillip said the new policy is “a band-aid solution to a very serious problem.”

The comment comes as a special committee reviews the British Columbia Police Act to make recommendations for changes and study systemic racism within law enforcement agencies.

Phillip continues to call for changes, including stiff penalties for police officers who have falsely arrested First Nations people.

“He is going to take much stronger measures to eradicate racism in the police force, or else this will continue to happen,” Phillip said. “There needs to be a complete overhaul of the Police Act, one based on British Columbia law.”

– with Canadian Press files

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