A Quebec court judge charged with investigating a dispute between neighbors in Beaconsfield is defending children’s right to play in the streets in a decision in which the judge didn’t mince words with the Crown.
Posted at 2:19 p.m
“Maybe they could ask themselves if life in the suburbs is right for them,” says Judge Dennis Galiatsatos, wondering about the Naccache family, who wrongly accused a neighbor’s father of all evils.
This escalating neighborhood dispute originated on the small street of Watford, in the western suburbs of Montreal. The Naccaches found it difficult to accept that the neighbors’ children were playing in the peaceful Crescent Street or drawing with chalk on the sidewalk.
For most people, this scene represents “a blissful snapshot of suburban utopia,” an example of “peaceful, fraternal coexistence,” the judge said vehemently in a recent judgment rendered in English. But for the Naccaches it was “an affront”.
To show their frustration, the family members often drove dangerously around the children without slowing down or drove very close to them, the judge wrote.
Michael Naccache and his parents even installed a total of eight cameras on their house and vehicles, particularly to film children playing, which they found to be “excruciatingly annoying”.
Not surprisingly, the Naccache’s driving style infuriated parents who complained about it. Lively discussions followed.
The Director of Criminal Prosecutions (DPCP) has agreed to meddle in the neighbors’ dispute, but by standing behind the Naccache family.
By filing complaints with the police, the Naccaches persuaded the DPCP to file a complaint against one of their neighbors, teacher Neall Epstein, father of two girls, ages 2 and 4.
Throw the file out the window
Judge Dennis Galiatsatos not only cleared Mr Epstein of the charges of stalking and death threats, but also questions how charges could have been brought in the first place.
“The court would like to throw this case out of the window,” the judge writes. Unfortunately, the Montreal courthouse has no windows. »
The court did not believe Michael Naccache, 34. The man, who lived with his parents in the small street of Watford, swore that on May 18, 2021, Neall Epstein had threatened him with death by making a hand gesture imitating a throat slit.
Defendant Neall Epstein strenuously denied this. However, he admitted that he was angry with the Naccaches for their inconsiderate behavior towards neighborhood children. He also admitted to giving Michael the middle finger.
“To be as clear as possible, it’s not a crime to show the middle finger. raise the middle finger [flipping the bird] is a divine right enshrined in charters and belongs to all warm-blooded Canadians [red-blooded]. It must not be polite or courteous or gallant,” the judge wrote.
“It doesn’t matter, it does not entail criminal liability. Insulting someone is not a crime […] Citizens need to be less sensitive, especially when they behave in a way that causes such an insult [profanity] – for example speeding on a street where innocent children are playing. »
Ultimately, it is the children’s right to play in the streets that the judge is defending. The Naccaches believed that suburban citizens have private yards for children to play in, the decision clarifies.
“If they want to play in the streets, they just have to move downtown,” the judge summarized the family’s thoughts. The absurdity of such a statement is obvious. »
In conclusion, the judge notes that, given the evidence, a member of the Naccache family could have been more likely to have been charged with dangerous driving, threats or even physical harm.
The judge recalled that in the middle of the trial, following the accused neighbor’s “professional and objective” testimony, the Crown decided not to cross-examine him and even asked the court to acquit him. Which the judge willingly did.