Silke Jasso
While the gesture may be considered impolite and unsuitable for some, it is definitely not illegal under Canadian law, as affirmed by a judge last month who stated that giving someone the finger is protected by the country’s Charter of Rights and Freedoms.
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In his February 24 ruling, Judge Dennis Galiatsatos declared that “flipping the proverbial bird” is a fundamental and Constitutionally protected right of every Canadian citizen. Yup, it’s really really legal.
The legality of the said gesture came under scrutiny back in May 2021, after a heated altercation between two neighbors in a Montreal suburb, during which one of them made the gesture toward the other.
According to court documents, Michael Naccache was standing outside his house when Neall Epstein walked by. Naccache claimed that Epstein scared him and made several obscene gestures at him,. He reportedly flipped him off and made a throat-slitting motion. While Epstein acknowledged cursing at Naccache and giving him the finger, he testified that Naccache was the one who instigated the altercation by calling him derogatory names and referring to him as “crazy.” Epstein also denied making any physical threats against his neighbor’s life.
Naccache subsequently contacted the police, leading to Epstein’s arrest on charges of criminal harassment and making death threats against his neighbor. This reportedly wasn’t the first time the two men had been involved in arguments that required police intervention.
The Judge went on to rule that nearby surveillance footage didn’t corroborate Naccache’s accusations and dismissed Epstein’s charges. He 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 noted.
So, there you have it! Happy flipping off, Canada.
