The Supreme Court of Canada is seen Friday April 25, 2014 in Ottawa. (Adrian Wyld/The Canadian Press)

Woman wrongly detained in Montreal handrail dispute, Supreme Court rules

Court found Bela Kosoian was within her rights when she refused to obey an unlawful order

A police officer stepped over the line when he detained a Quebec woman for refusing to hold onto an escalator handrail, the Supreme Court of Canada ruled Friday while also slamming Montreal’s transit authority.

In its unanimous ruling, the court found Bela Kosoian was within her rights when she refused to obey an unlawful order, and that a reasonable police officer would not have considered refusing to abide by a caution-notice pictogram on the escalator to be an offence.

The Societe de transport de Montreal “for its part, committed a fault by teaching police officers that the pictogram in question imposed an obligation to hold the handrail,” adds the ruling, written by Justice Suzanne Cote.

Kosoian is entitled to a total of $20,000 in damages from Const. Fabio Camacho, the City of Laval as Camacho’s employer, and the STM, the court ruled.

READ MORE: Lawsuit against RCMP officer for excessive force begins in Smithers

Kosoian was in a subway station in the Montreal suburb of Laval in 2009 when Camacho told her to respect the pictogram bearing the instruction, “Hold the handrail.”

She replied that she did not consider the image, which also featured the word “Careful,” to be an obligation, declined to hold the handrail and refused to identity herself.

Officers detained Kosoian for about 30 minutes before letting her go with two tickets: one for $100 for disobeying a pictogram and another for $320 for obstructing the work of an inspector.

She was acquitted of the infractions in Montreal municipal court in 2012 and subsequently filed a $45,000 lawsuit.

Her suit was rejected by Quebec court in 2015 and two years later by the Quebec Court of Appeal, which said Kosoian was the “author of her own misfortune.”

But the Supreme Court found Kosoian “was entitled to refuse to obey an unlawful order.”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

PHOTOS: Pink Shirt Day in Wetaskiwin

Community supports anti-bullying initiative

Update on Rose Country Inn Clean-Up

Debris from Rose Country Inn Fire

Leduc County votes to continue exploration of regional transit commission

Leduc County council voted to continue participation in the Regional Transit Services Commission

Wetaskiwin shelter will close early after assaults, other problems

Mayor Tyler Gandam said mental health, addictions overshadowing shelter’s purpose

VIDEO: Minister says consider coronavirus outbreak when planning for spring break

Foreign Affairs minister points to rash of new cases appearing in places like Italy and Iran

Prepare for new coronavirus like an emergency, health minister advises

About 81,000 people around the world have now become ill with COVID-19

B.C. residents in Wet’suwet’en territory have right to police presence: Public Safety Minister

Nevertheless, Bill Blair said officials remain ‘very anxious’ for the barricades to come down

Winnipeg police investigating graffiti on RCMP and other buildings

Manitoba Justice Minister Cliff Cullen denounced the vandalism

Alberta government asks court to stay judge’s order regarding oilsands decision

Court of Queen’s Bench Justice Barbara Romaine gave Alberta 10 days to make a decision on the Rigel projec

Alberta must juggle sluggish economy, big deficits, lost jobs in upcoming budget

Premier Jason Kenney won last spring’s election on a promise to boost jobs, grow the economy

Calgary father convicted in toddler’s death from staph infection granted parole

Court heard that John was never seen by a doctor until the day before he died in November 2013

Premier, health minister announces first phase of Red Deer Hospital expansion

Alberta government is committing $100 million to begin expansion

Kenney warns cancelled energy projects stand in the way of Indigenous prosperity

Woodland Cree First Nation in northwest Alberta will receive a $187,688 grant

Most Read