Canada rules that flipping the middle finger is a 'God-given' right
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The gesture is considered rude, offensive and inappropriate but one thing it is not — at least under Canadian law — is illegal.
A Canadian judge ruled last month that giving someone the finger is protected under the country's Charter of Rights and Freedoms.
"It is not a crime to give someone the finger. Flipping the proverbial bird is a God-given, Charter enshrined right that belongs to every red-blooded Canadian," Judge Dennis Galiatsatos wrote in the Feb. 24 ruling.
The legality of a raised middle finger was questioned after two neighbors from a Montreal suburb got into a heated exchange in May 2021.
According to court documents, Michael Naccache was outside of his home when Neall Epstein passed by. Naccache accused Epstein of startling him and making vulgar gestures, like a raised middle finger and a throat-slitting motion.
Epstein admitted that he cursed at Naccache and flipped him off but he testified that it was initially Naccache who who started the altercation and called Epstein "crazy" along with other offensive names. Epstein also denied making any physical gestures to suggest that he would threaten his neighbor's life.
Later, Naccache called the police and Epstein was arrested, specifically on the grounds of criminal harassment and uttering death threats against his neighbor. The two men have a history of arguments and this was not the first time that the police were involved.
The judge ruled that nearby surveillance footage did not corroborate Naccache's accusation and ultimately dismissed Epstein's charges.
During his decision, Galiatsatos also said that "offending someone is not a crime."
"The complainants are free to clutch their pearls in the face of such an insult. However, the police department and the 9-1-1 dispatching service have more important priorities to address," he wrote.
cyrano111 on March 11st, 2023 at 03:12 UTC »
The point of law isn’t that new, but the decision is a fun read. For example:
[8] For reasons explained below, the Court is resoundingly acquitting the accused. Since I’m hesitant to draft an entire decision in bold and caps-lock characters, I offer the following observations instead.
[118] The complainant went to great lengths to convince the Court that in the footage, Mr. Epstein was in fact filming him. To bolster his claims, he took ultra-zoomed screen shots from the video showing… basically nothing. They merely show what is patently clear: a guy walking up the street, sometimes with his kids, holding his phone in his hand. They do not show a 007-esque effort to film the complainant’s home. Yet, Mr. Naccache is persuaded that Epstein carefully placed his hands by his hips, deceptively slanting his phone camera and cunningly filming [nothing of interest] while still walking.
[133] Still, under oath, Naccache was unwilling to admit the basic fact that he disliked the accused. He even claimed that “dipshit” is not really an insult. It is merely a nickname like any other; an innocuous form of slang.
[138] The complainant expresses that it was “weird” for Epstein to be recording the argument on March 25th 2021. This, coming from the man who installed 8 cameras to record and document his neighbours’ every movement.
174] In the modern-day vernacular, people often refer to a criminal case “being thrown out”. Obviously, this is little more than a figurative expression. Cases aren’t actually thrown out, in the literal or physical sense. Nevertheless, in the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window, which is the only way to adequately express my bewilderment with the fact that Mr. Epstein was subjected to an arrest and a fulsome criminal prosecution. Alas, the courtrooms of the Montreal courthouse do not have windows.
SteelDingus on March 11st, 2023 at 02:55 UTC »
Nice, but in Australia, we're legally allowed to call our politicians a CUNT. Ruled by the court no less.
Good enough for a politician, good enough for everyone else.
onlyouwillgethis on March 11st, 2023 at 01:22 UTC »
It’s an important decision for Canada, and therefore the rest of the world.