DrCaleb DrCaleb:
BartSimpson BartSimpson:
Either she wins this in court or else you people have to submit to every last whim of your ruling class.
It should be noted, that this is a Quebec case. Quebec civil law isn't the same as the rest of Canada. If she doesn't fight it, then the lower court ruling will stand any any police officer can charge you with something if they 'feel' it's appropriate.
I'm not sure that's exactly what the article says or are you claiming knowledge to something beyond it?
Here's what the article says:
$1:
Her suit was rejected by Quebec court in 2015 and by the Quebec Court of Appeal in 2017, which said Kosoian was the “author of her own misfortune.”
It will now be up to the country’s high court to settle the matter.
“This is excellent news,” said Kosoian’s lawyer, Aymar Missakila. He said the Court of Appeal ruling created a dangerous precedent.
“A police officer who has a sincere but false belief that a law exists and decides to punish a party on the basis of this law could be exonerated of all responsibility …. It goes squarely against important principles of law,” he said.
In the Court of Appeal decision, Justice Julie Dutil wrote that the officer “had reasonable grounds to believe that an infraction had been committed,” which justified his decision to fine Kosoian and arrest her “because she had refused to identify herself.”
In a dissenting opinion, Justice Mark Schrager wrote that the officer’s “honest but false belief” she had committed an infraction was not enough to clear him of responsibility.
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