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

The North Okanagan Friendship Centre Society is seeking a letter of support from the City of Vernon ahead of its provincial grant application to establish a 37-space daycare facility to serve the Indigenous population. (submitted photo)
Organization looks to bring urban Indigenous daycare to Vernon

North Okanagan Friendship Centre Society seeks letter of support from city ahead of grant application

District of Lake Country Council approved Lightbox Enterprises Ltd. for a non-medical cannabis retail license Monday, Oct. 20, 2020. (Black Press Media File).
Council greenlights Lake Country’s second cannabis store

Council voted 4-3 to approve Dutch Love Cannabis at Oct. 20 meeting

A photo posted on Facebook under the Kelowna Alert page shows emergency vehicles blocking Westside Road. (Mark Kay photo)
UPDATE: Westside Road closed after vehicle crashes 100 feet down embankment

West Kelowna emergency crews performing high angle rescue

The Downtown Vernon Association is requesting free parking on Saturdays in 2021 to boost recovery efforts of businesses amid the COVID-19 pandemic. (Caitlin Clow - Vernon Morning Star)
Free Saturday parking in Vernon would boost business recovery: DVA

Downtown Vernon Association calls for free parking every Saturday to support local businesses amid COVID-19

(Jennifer Smith - Morning Star)
Vernon house fire deemed suspicious

An investigation into the Wednesday morning fire has been turned over to the RCMP

B.C. Liberal leader Andrew Wilkinson, B.C. NDP leader John Horgan and B.C. Greens leader Sonia Furstenau. (Black Press Media)
VIDEO: One day until B.C. voters go to the polls in snap election defined by pandemic

NDP Leader John Horgan’s decision to call an election comes more than a year ahead of schedule and during a pandemic

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The deer were allegedly shot within Princeton town limits, late at night. Black Press File Photo.
Armed man, in full camouflage, allegedly shoots deer in downtown Princeton

‘The list of charges goes on and on,’ said RCMP Sgt. Rob Hughes

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
B.C. driver thought he retrieved a dead bald eagle – until it came to life in his backseat

The driver believed the bird to be dead and not unconscious as it turned out to be

Chastity Davis-Alphonse took the time to vote on Oct. 21. B.C’s general Election Day is Saturday, Oct. 24. (Chastity Davis-Alphonse Facebook photo)
B.C. reconciliation advocate encourages Indigenous women to vote in provincial election

Through the power of voice and education Chastity Davis-Alphonse is hopeful for change

White Rock RCMP Staff Sgt. Kale Pauls has released a report on mental health and policing in the city. (File photos)
White Rock’s top cop wants to bill local health authority for lengthy mental-health calls

‘Suggestion’ included in nine-page review calling for ‘robust’ support for healthcare-led response

A Le Chateau retail store is shown in Montreal on Wednesday July 13, 2016. Le Chateau Inc. says it is seeking court protection from creditors under the Companies’ Creditors Arrangement Act to allow it to liquidate its assets and wind down its operations.THE CANADIAN PRESS/Ryan Remiorz
Clothing retailer Le Chateau plans to close its doors, files for CCAA protection

Le Chateau said it intends to remain fully operational as it liquidates its 123 stores

The Independent Investigations Office of BC (IIO)
Police watchdog clears Kelowna RCMP in connection to man’s death

The man died following a single vehicle crash on Highway 97 in June

RCMP. (Phil McLachlan - Black Press Media)
UPDATE: Collision cleared, Highway 33 at Idabel Lake reopens

The Kelowna RCMP are urging drivers to stay away from the area

Most Read