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

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.

Just Posted

Rick Ruppenthal of Saltair will host a 12-hour talk-a-thon Friday, June 18 over Facebook live. (Photo submitted)
Talk-a-thon to focus on men’s mental health issues

Saltair man spearheading a campaign to generate more conversation during fundraiser

(File photo)
Poverty reduction survey identifies 10 poverty themes

Poverty reduction plan will be finalized in July 2021

Nanaimo-Ladysmith MP Paul Manly says he has no intentions of leaving the Green Party. (House of Commons image)
Island Green MPs have “no intention” of leaving the party after ‘heartbreaking’ departure

Manly, May only remaining Green MPs after Jenica Atwin left for the Liberals over internal disputes

New COVID-19 cases on Vancouver Island by local health area for the week of May 30-June 5. (B.C. Centre for Disease Control image)
COVID-19 cases drop again almost everywhere on Vancouver Island

Nanaimo had four new cases last week, down from 22 the week before

The border crossing on Highway 11 in Abbotsford heading south (file)
VIDEO: Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

Two Lotto Max tickets sold on Vancouver Island were winners, though nobody won the $70-million jackpot in Tuesday’s draw. (BCLC image)
Vancouver Island lottery players win $1 million and $500,000 in Lotto Max draw

$1 million ticket sold in Campbell River, $500,000 ticket sold in Nanaimo

St. Joseph's Mission site is located about six kilometres from Williams Lake First Nation. (Photo submitted)
Williams Lake First Nation to search residential school site for unmarked graves

St. Joseph’s Mission Indian Residential School operated from 1886 to 1981

Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Tuesday’s Lotto Max draw went unclaimed. (Photo courtesy of BCLC)
Lotto Max jackpot goes unclaimed again

42 of the 64 Maxmillion prizes of $1 million were won, the majority were sold in Ontario

FILE - This July 6, 2017 file photo shows prescription drugs in a glass flask at the state crime lab in Taylorsville, Utah. (AP Photo/Rick Bowmer, File)
Contaminants in generic drugs may cause long-term harm to DNA: B.C. researcher

Scientist says findings suggest high volume overseas facilities require strict regulation

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., on April 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Labour shortages, closed borders major obstacles to B.C. restaurant, tourism restarts

Industry expert says it won’t start to recover until international travellers can visit

A still image from security camera video recorded June 8 shows an individual lighting trash on fire in the doorway of 19+ Cannabis Store on Victoria Crescent. RCMP and Nanaimo Fire Rescue are investigating numerous fires set in downtown Nanaimo in the past three months. (Photo submitted)
‘It’s out of control’: More than 20 fires set in downtown Nanaimo in past 3 months

Authorities asking business owners to keep dumpsters locked

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

Most Read