Supreme Court sides with woman unlawfully handcuffed by Laval police, raises standards for police conduct

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The court — sharply disagreeing with two lower courts in Quebec — granted Bela Kosoian a victory in her lawsuit against Laval Constable Fabio Camacho, the City of Laval and the Montreal subway authority

The ruling has implications for the daily interactions between police and other Canadians. Police can be sued, the court said, even if they act in good faith and in accordance with their training, as Constable Camacho did. They need to ensure they act reasonably, while keeping the liberty rights of Canadians in mind.

The CCLA was especially pleased that the court told Canadians they do not have to identify themselves when asked to by an officer who is acting unlawfully. Police charged her with violating a bylaw by failing to hold the handrail — which carries a fine of $100 — and with hindering them in their duties . A Municipal Court judge dismissed both charges, saying it was not clear that the holding of the handrail was a legal obligation.Two lower courts dismissed Ms. Kosoian’s lawsuit against the subway system, City of Laval and Constable Kamacho.

 

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Yes! It says 'caution'.

Those handrails are criminally disgusting -- host to foul germs, snot, feces and piss. No way in God's green earth am I ever going to grab those foul things, even if I take a tumble. This is a common sense decision and I applaud Bela Kosian for her smarts and her conviction.

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