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.

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

Just Posted

Lydia Koot (centre) receives the Conservation Officer Service’s Chief’s Special Recognition Award from Conservation Officer Service Sgt. Don Stahl (Second from the left) at Memorial Park in Hope on Thursday, Feb. 18. Koot is the first civilian to receive such honours from the COS. (Photo/Adam Louis)
Hope Mountain Black Bear Committee founder receives conservation award

Lydia Koot awarded COS Chief’s Special Recognition Award for her advocacy for black bears

The Great Bear Snowshed on the Coquihalla Highway (Highway 5) in British Columbia. Truck driver Roy McCormack testified in BC Supreme Court in Chilliwack on Feb. 25, 2021 that his brakes started smoking in about this location, and soon after he lost all braking, which led to a multi-vehicle crash further down the road on Aug. 5, 2016. (GoogleMaps)
Truck driver charged with criminal negligence in Coquihalla crash is accused of ignoring smoking brakes

Just before crashing the smoking truck was seen entering Zopkios brake check and leaving shortly after

The Hope local health area saw six new cases of COVID-19 from Feb. 14 to 20. (Graphic/BCCDC)
Hope area sees six more COVID-19 cases

The running average for 2021 is about five cases per week

(File Photo)
Crash causes delays on Coquihalla southbound, travel advisory issued

A vehicle incident between Merrit and Hope has caused major delays heading south

Kathleen Gros will be helping local creatives explore the intersection of words and pictures through comic books in an upcoming online workshop.
Vancouver graphic novelist to share skills in online workshop with Agassiz Library

Kathleen Gros will be leading the Magical World of Words and Pictures workshop on March 6

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

“Our biggest challenge has been the amount of vaccine,” said FNHA acting chief medical officer Dr. Shannon McDonald. (First Nations Health Authority Facebook photo)
All First Nations on reserve to be vaccinated by end of March: First Nations Health Authority

Vaccinations continuing for B.C. First Nations amid shortages

(Delta Police Department photo)
B.C. youth calls 911 after accruing $7K in online gaming charges

‘Police spoke with the student about appropriate times to call 911’

Site C will go ahead, one year later and $5.3 billion more, the NDP announced Feb 26. (BC Hydro image)
B.C. NDP announces Site C will go ahead with new $16B budget

Reviews recommend more oversight, beefed up foundation stability work

Several BC Ferries sailings are cancelled Friday morning due to adverse weather. (Black Press Media File)
Tsawwassen to Swartz Bay ferry sailing cancelled due to high winds, sea state

Adverse weather causes cancellations across several BC Ferries routes

The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter. (Black Press Media files)
Possible miscarriage of justice in B.C. woman’s conviction in toddler drowning: prosecutor

Tammy Bouvette was originally charged with second-degree murder but pleaded guilty in 2013 to the lesser charge

A kid in elementary school wearing a face mask amid the COVID-19 pandemic. (Metro Creative)
Union asks why an elementary school mask rule wouldn’t work in B.C. if it does elsewhere

B.C. education minister announced expansion of mask-wearing rules in middle, high school but not elementary students

A pharmacist prepares a COVID-19 vaccine at Village Green Retirement Campus in Federal Way on Jan. 26. (Olivia Sullivan/Sound Publishing)
Canada approves use of AstraZeneca’s COVID-19 vaccine

The country joins more than a dozen others in giving the shot the green light

A new survey has found that virtual visits are British Columbian’s preferred way to see the doctor amid the COVID-19 pandemic. (Unsplash)
Majority of British Columbians now prefer routine virtual doctor’s visits: study

More than 82% feel virtual health options reduce wait times, 64% think they lead to better health

Most Read