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

76 new cases of COVID-19 reported Thursday

Active cases at 1,036, 10,713 recovered cases

COVID-19 tests urged for all teachers and school staff

121 new cases Wednesday, active cases up to 1,040

Alberta’s active COVID-19 cases continue to trend downwards

85 new cases Tuesday, active cases sit at 1,004

Rimbey FCSS prepares back-to-school Kits for Kids program

Program helps families access needed school supplies

Charges likely in fatal attack at central Alberta medical clinic: RCMP

A vigil was held Monday night to mourn the victim

Wetaskiwin Regional Public Schools receive grant from Indigo Love of Reading Foundation.

WRPS has received $15,975 from the Indigo Love of Reading Foundation.

Three people drown at Crescent Falls

Rocky Mountain House RCMP say the incident occurred Tuesday

Feds seeking private consultant to design firearm buyback program

The ban covers some 1,500 models and variants of what the government considers assault-style weapons

Face masks for teachers can impact learning on young children, experts say

Face coverings, mandatory in most indoor public places across the province, can help limit the spread of COVID-19

New Tory leader must build a strong team in Commons and for the campaign: Scheer

Scheer marked his final day in the House of Commons today as leader of the Opposition

Man accused of killing Red Deer doctor says he does not remember attack

Appearing before a judge, Deng Mabiour, 54, rambled about being sick and needing a doctor

Deaths feared after train derails amid storms in Scotland

Stonehaven is on the line for passenger trains linking Aberdeen with the cities of Edinburgh and Glasgow

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

Most Read