Pointing at someone with the “middle finger” may be impolite, but it is protected by law as part of freedom of speech under Canada’s constitution, according to a judge in Canada.
newspaper quotes”GuardianFriday, that in a 26-page decision, Judge Dennis Galiatsatos dismissed a case against a man accused of harassing his neighbor in a Montreal suburb.
“To be absolutely clear, giving someone the finger is not a crime,” the judge said in a ruling dated February 24.
“It is a right given by God and enshrined in the Charter and belongs to every Canadian of red blood,” he added, referring to the Charter of Rights and Freedoms in Canada.
According to the newspaper, police arrested the accused, Neil Epstein, a teacher, in May 2021 for uttering death threats and “criminal harassment” against his neighbor in Beaconsfield, Quebec.
In his decision, Galiatsatos delivered a scathing rebuke to the complainant’s neighbor, Michael Naccache, who said his grievances were “no more than worldly and insignificant trifles in the neighbourhood”.
“It is unfortunate that the complainants have used the criminal justice system as a weapon in an attempt to exact revenge on an innocent man for some perceived insults which are, at best, frivolous inconveniences,” Galeatasatos wrote.
Al-Naqash had previously accused Epstein of assaulting his parents in March 2021, an allegation that the judge promptly dismissed.
But the focus of the case occurred later that year. In May, Epstein testified that his neighbor said, “You fucking crazy neighbour,” adding, “You’re dead.”
In response, Epstein told him to leave using an insult, and made a “finger” gesture as he walked away, court documents show.
In the video evidence, Epstein “clearly appears to look in the direction of the complainant and give him his finger, sometimes with both hands.”
Later that day, Epstein returned home to find police officers waiting for him. They arrested him for uttering death threats.
However, Justice Galiatsatos’ view was that the finger signal “should not result in a call to 911”.
“The complainants are free to file it. However, the police department and the 911 service have more important priorities,” the judge said.
The gesture of the middle finger, Galeatsatos said, “may not be civilized, it may not be courteous, it may not be noble, and yet, it does not give rise to criminal liability.”
“The court tends to take the file and throw it out the window,” he concluded, adding, “Unfortunately, the courtrooms in the Montreal court do not have windows.”