Flipping the Bird Is 'God-Given Right' Canadian Judge Declares in Case Between Feuding Neighbors - PEOPLE

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A "trivial" feud between neighbors has sparked a judge to declare that "flipping the proverbial bird is a God-given, Charter-enshrined right that belongs to every red-blooded Canadian."

Judge Dennis Galiatsatos of the Court of Quebec said "throwing a case out" was usually just an expression, but after hearing evidence from neighbors Neall Epstein, 45, and Michael Naccache, 34, he was "inclined to actually take the file and throw it out the window…"

"Alas, the courtrooms of the Montreal courthouse do not have windows," the judge added.

The court was dealing with a months-long dispute between Epstein and Naccache, where the former was charged with criminal harassment and uttering death threats.

At a February 24 final decision, Galiatsatos said he could not "adequately express my bewilderment" that local teacher Epstein was even arrested, and found him not guilty on all charges.

The judge's final decision was searing as he eviscerated the evidence given by Naccache, stating "being told to 'f--- off' should not prompt a call to 9-1-1" and "to be abundantly clear, it is not a crime to give someone the finger."

The judge followed up by saying: "citizens are to be thicker-skinned, especially when they behave in ways that are highly likely to trigger such profanity."

The feud was given an in-depth overview in the judgment, which paints a deeply strange portrait of the small neighborhood street of Beaconsfield, a tree-lined suburb in Montreal.

The events that sparked the court case took place between March and May of 2021. Naccache's evidence included a list of extensive grievances against the accused and how Epstein's young daughters would often play in the street. Naccache used eight cameras to record his neighbors and kept a detailed "journal" of what he believed had taken place in each incident.

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Judge Galiatsatos said the "differences are sometimes staggering" between the video evidence and what Naccache described in his journal.

The criminal charges filed against Epstein relate to an incident on May 18, 2021, when Naccache was using a jackhammer during home renovations and turned around to see Epstein.

In Naccache's testimony, he claimed: "the accused crossed both arms, giving him the finger with both hands. As he walked away, Epstein made a throat-slashing gesture. Finally, after walking a few steps, the accused turned around and made a punching motion with his hand, as if to challenge him to a fight."

Naccache called the police and said he felt his life was threatened, telling the court "was he going to come back? Was he going to try to kill me?"

Video evidence showed Epstein did give Naccache the finger, sometimes with both hands, and at the end of the clip he made a horizontal motion with his right hand.

Epstein told the court he flipped the bird because Naccache held up the jackhammer in a menacing way and said "you're f------ dead."

The judge said the swinging of Epstein's arm was in a "dismissive fashion, as if to express 'get outa here.'" He went on to say "the court does not believe Mr. Naccache. It rejects his testimony as rehearsed, evasive and untruthful on many levels."

"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? 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," the judge said.

While the middle finger was the act that provoked criminal charges, the court also heard a lengthy list of "trivialities" between the neighbors.

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One grievance listed in the Naccache's journal said "they were having a street party, blocking the street while drinking at the height of the pandemic" and there were "toys left in the middle of the road".

The judge said: "in reality, it was simply some children playing on the road" and there was a toy scooter on the side of the road, but children were "right next to it". The judge noted one parent was holding a can but it could not be determined if it was alcoholic.

One part of the evidence tendered to the court was about a young boy who pretended a hockey stick was a gun and acted like he was shooting toward Naccache's father, Frank. The judge noted that Epstein does not have a son and the boy, who he estimated was about 10 years old, was just a child who lives in the neighborhood.

Another gripe was when the two families argued after Frank Naccache did not slow down while driving past playing children. Video evidence from Frank Naccache's rear-facing car camera "confirms, decisively, that he did not slow his speed when approaching the children. The brake light barely appears for a fraction of a second. In fact, at the 10th second of the video clip, we see that Frank Naccache's car passed just inches away from the accused," Judge Galiatsatos said.

Police attended after a verbal fight between the family, but no arrests were made.

In his summary of the evidence, the judge said "It is deplorable that the complainants have weaponized the criminal justice system in an attempt to exert revenge on an innocent man for some perceived slights that are, at best, trivial peeves."

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