Showing middle finger a constitutional right in Canada, judge declares in a 26-page decision
Judge in Canada declares giving someone the middle finger is not a crime
Showing the middle finger to someone is part of a person’s constitutional rights in Canada. A judge has ruled that flipping off someone is covered under freedom of expression in Canada even if it may not be civil or polite. Judge Dennis Galiatsatos from the French-speaking province of Quebec issued his interpretation in a 26-page decision on February 24th. The judge observed in his ruling, “To be abundantly clear, it is not a crime to give someone the finger.”
The ruling came with respect to a case involving a person showing his neighbour the middle finger in Beaconsfield, Quebec. The accused, a 45-year-old teacher named Neall Epstein, was arrested by Police in May 2021 for allegedly flipping off and threatening his neighbour. Now, judge Galiatsatos has clarified that not only Epstein’s arrest amounted to injustice but he had also not committed any crime.
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As per media reports, Neall Epstein had an old dispute with his 34-year-old neighbour Michael Naccache. Naccache reportedly made threatening gestures towards Epstein while holding a power tool in his hands. This made the 45-year-old teacher flip him off. Naccache also claimed that Epstein made a throat-slashing gesture towards him, indicating he would kill him. However, the judge refused to accept the claims and ruled in favour of the accused teacher.
As reported by AFP, the judge in his ruling said, “Flipping the proverbial bird is a God-given, charter-enshrined right that belongs to every red-blooded Canadian.” Galiatsatos further stated that the gesture “may not be civil, it may not be polite, it may not be gentlemanly... nevertheless, it does not trigger criminal liability.”
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The judge then went on to give Naccache an earful for pursuing the case against the teacher. He told the 34-year-old man to feel lucky as he was not being charged for threats that he issued against the teacher. He also wished he could literally — not just figuratively — throw the case out of court.
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