Canadian judge rules that flipping someone off is a 'God-given right'

• Judge Dennis Galiatsatos in Québec ruled that flipping a neighbor off can't be considered a crime.
• He acquitted a man of criminal charges, saying that giving someone the finger is a "God-given right."

A judge in Québec ruled that flipping someone off can't be considered a crime because flashing one's middle finger is a "God-given right."

Judge Dennis Galiatsatos' comments were part of his ruling in a dispute involving two neighbors in Montreal, Michael Naccache and Neall Epstein, the CBC reported.

Epstein, 45, was arrested in May 2021 after he flashed two middle fingers at Naccache, with whom he had had previous disagreements, per the CBC. Epstein was then charged with criminal harassment, the CBC reported.

Naccache, 34, said Epstein made a throat-slashing gesture with his fingers and flipped him off, which he took offense to, according to court documents. Naccache also told the police that he feared for his life.

Judge Galiatsatos wrote in his ruling on February 24 that it is not a crime to give someone the finger, and acquitted Epstein.

"Flipping the proverbial bird is a God-given, Charter-enshrined right that belongs to every red-blooded Canadian," the judge wrote. "It may not be civil, it may not be polite, it may not be gentlemanly. Nevertheless, it does not trigger criminal liability."

Judge Galiatsatos also wrote that Naccache had no reason to be scared of Epstein.

"On what basis did he fear that Mr. Epstein was a potential murderer? The fact that he went for quiet walks with his kids? The fact that he socialized with the other young parents on the street?" the judge wrote. "If that is the standard, we should all fear that our neighbors are killers in waiting. Hide your kids, hide your wives. We are all in mortal danger."

He then made it clear how incredulous he was at the case being filed in the first place.

"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," the judge wrote.

The judge in his ruling also berated Naccache for involving the police in petty disputes.

"Being told to 'fuck off' should not prompt a call to 9-1-1," he wrote.

Representatives of the Court of Québec did not immediately respond to Insider's request for comment.