An important victory for Bela Kosoian — and the rights of all Canadians

Click to play video: 'Quebec woman calls Supreme Court ruling over arrest for not holding handrail ‘victory’' Quebec woman calls Supreme Court ruling over arrest for not holding handrail ‘victory’
WATCH: A Quebec woman said Friday that a ruling by the Supreme Court of Canada, that found a police officer had stepped over the line when he detained her for refusing to hold onto an escalator handrail 10 years ago, was justice. – Nov 29, 2019

Bela Kosoian isn’t the first Canadian to suffer an injustice at the hands of the state, and almost certainly won’t be the last.

However, I suspect many Canadians who might have found themselves in her position would not have been so direct and outspoken in asserting, and subsequently fighting for, their rights.

For that, we owe Kosoian a collective debt of gratitude.

It was a welcome and resounding victory for Kosoian on Friday in the Supreme Court of Canada’s ruling on her case. However, that doesn’t undo the outrage that Kosoian’s original ordeal should evoke in us all.

READ MORE: Police overstepped when arresting woman for not holding escalator handrail, Supreme Court rules

The case stems from an incident that occurred at a subway station in the Montreal suburb of Laval in 2009. Kosoian was on the escalator and looking through her backpack, when police officer Fabio Camacho demanded she hold on to the handrail. Camacho had pointed to a black and yellow pictogram, and insisted that it represented a requirement.

Story continues below advertisement

Kosoian considered the sign a mere suggestion and did not comply with the officer’s order, citing her own concern about how unsanitary the handrail was likely to be. Nonetheless, Camacho decided that Kosoian had committed an offence and demanded she hand over her identification. Kosoian refused.

As a result, she was arrested, searched, and detained — and even handcuffed. After about 30 minutes she was released, but not before being issued two separate tickets.

The insanity of this whole situation should be immediately obvious to any right-minded observer.

READ MORE: Supreme Court to hear case of woman arrested, ticketed for refusing to hold escalator handrail

The whole impetus was the fact that Kosoian was not holding the handrail, and therefore this was ostensibly for her own good — that somehow everything she was forced to endure was so authorities could protect her from herself.

It shouldn’t be a legal requirement to hold the handrail on an escalator, and as it turns out, it wasn’t in this situation. As the Supreme Court noted Friday, “a reasonable police officer in the same circumstances would not have considered failure to hold the handrail to be an offence.”

Clearly, the officer she encountered that day was not reasonable.

As much as this case should have been a slam dunk, strangely and outrageously, that didn’t prove to be the case. Kosoian was acquitted when she brought the matter before the Montreal Municipal Court, and she subsequently brought a lawsuit against the City of Laval, the Transportation Company of Montreal (STM), and Camacho himself.

Story continues below advertisement
Click to play video: 'Young man speaks out over Montreal Metro altercation' Young man speaks out over Montreal Metro altercation
Young man speaks out over Montreal Metro altercation – Mar 26, 2019

However, the initial judge rejected her case. Shockingly, the judge described the officer’s conduct as “exemplary and irreproachable,” whereas Kosoian’s behaviour was “irresponsible and contrary to the basic rules of good citizenship.”

That decision was upheld on appeal (a decision which described Kosoian as “the author of her own misfortune”), which led to the Supreme Court hearing the case. It’s unfortunate that it took this long and a ruling this high up the legal food chain for sanity to finally prevail, but better late than never.

The high court was unanimous in its decision and quite scathing in its criticism of the arresting officer, the STM, and the lower courts that ruled on this case.

READ MORE: Supreme Court sets rules on police arrests in ruling on detained Ontario protester

Story continues below advertisement

It’s on some broader principles that this decision should resonate across the country. The court concluded that Kosian was subjected to “unlawful arrest” and the ruling makes it clear that “in a free and democratic society, no one should accept — or expect to be subjected to — unjustified state intrusions.”

Not only that, but Kosoian was never under any obligation to comply in the first place: “given that the offence alleged did not exist in law, the appellant was perfectly entitled to refuse to identify herself and then simply to walk away.”

In other words, Canadians cannot and should not be expected to comply with unlawful orders from police.

We’re certainly conditioned to give police officers respect and deference — which is understandable — but that doesn’t mean we should ever have to surrender our rights.

This case is an important reminder of that, and we have Bela Kosoian to thank for it.

Rob Breakenridge is host of “Afternoons with Rob Breakenridge” on Global News Radio 770 Calgary and a commentator for Global News.

Sponsored content