Canada: The judge explains that the middle finger gesture is not a crime but a right of expression

The judge was particularly critical of the complainant

How often, in addition to our anger and anger towards someone, have we wanted to stir up middle finger And just shut him up?

The answer is “infinities.” But the fear of escalating the conflict stopped us.

But this did not happen, with a teacher Canadawho apparently could not control his temper and threatened his neighbor and of course raised his middle finger, which made the latter sue him.

In his 26-page decision, Judge Denis Galiatsatos rejected the appeal against the teacher, who was arrested in May 2021.

Specifically, he said, “To be completely clear, it is not a crime to give someone the middle finger.”

He added, referring to the Canadian Charter of Rights and Freedoms, “It is a legitimate, God-given right that every proud Canadian enjoys.”

according to guardianIn his decision, Galitsatos launched a scathing “attack” on the neighbor and the complainant, who described their complaints as “meaningless and vulgar.”

It should be noted that the complainant accused the teacher of assaulting his parents, an allegation which Galeatsatos flatly rejected. The middle finger gesture came in a later tense scene between the two, in which the accused was swearing at his neighbor.

Later that day, when he returns home, two police officers are waiting to arrest him.

The CCTV footage clearly shows the teacher’s signature movement with both hands.

In court, Galitsatos noted that the middle finger “may not be a civilized gesture, may not be polite, and yet, it does not imply criminal liability.”

In fact, he said that despite the slang, “cases are not actually dismissed,” but in this case “the court tends to take the file and literally throw it out the window.”

“Too bad there are no windows in Montreal courtrooms,” he said.