A Canadian judge has ruled that the gesture of raising the middle finger is protected by Canada's constitution as part of a person's right to freedom of expression, even if it may be considered a rude gesture.
In a February 24 ruling, the judge threw out a case against Neall Epstein, a teacher and father of two, accused of harassing his neighbor in Beaconsfield, Quebec. Although the gesture could be seen as rude, the judge stated that it does not constitute a crime and does not carry criminal responsibility.
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In his 26-page ruling, the judge referred to Canada's Charter of Rights and Freedoms, which enshrines the right to free speech. He stated that the gesture "belongs to all red-blooded Canadians" and is a "God-given right". The judge added that while the gesture could be frowned upon, the case was dismissed and there will be no legal consequences for Epstein.
“Unfortunately, the Montreal courthouses have no windows,” he said jokingly, in reference to the fact that there is no possibility of throwing the file out the window in this case.