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

Explore Nanaimo with GoByBike challenge next week

Participants can win prizes while biking for fun or to work Sept. 28-Oct. 4

Tourism industry could only try to make the best of things this summer

With fewer visitors this year, tourism industry asking for continued support

Uplands Park Elementary parents say schools not appropriate voting stations

Elections B.C. says site of polling stations not yet determined, working with Dr. Henry’s office

Nanaimo RCMP remind drivers not to text after 19 tickets handed out in 90 minutes

The $368 fines were handed out Tuesday on Norwell Drive and Old Island Highway

Nanaimo RCMP seize firearms, ID, portable debit machine as ‘prolific offender’ arrested

Austin Carlson-McPherson, 24, accused of crimes in Nanaimo, Duncan, Port Renfrew and Sooke

B.C.’s top doctor thanks supporters after revealing threats over COVID-19 measures

Dr. Bonnie Henry says COVID-19 has caused some people to lash out in anger and frustration out of fear

Beefs & Bouquets, Sept. 23

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail editor@nanaimobulletin.com

NDP, Greens divided on pace of child care improvements in B.C. election campaign

NDP Leader John Horgan recommitted to $10-a-day child care and blamed the Greens for not supporting his efforts

BC Liberal Leader talks drug addiction in the Lower Mainland

Drug addiction and public safety a top priority says Andrew Wilkinson

Island Corridor Foundation launches survey on importance of Vancouver Island rail

“ICF remains 100 per cent committed to the restoration of full rail service on Vancouver Island”

Vanderhoof’s Brian Frenkel takes on top job in tough times

We can get through this, new local government leader says

Three years for serial bank robber who hit southern Vancouver Island branch

Lucas Bradwell was wanted for robberies in Abbotsford, Sidney and Vancouver

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Local councils important, Horgan says as municipal conference ends

B.C. NDP leader says ‘speed dating’ vital, online or in person

Most Read