A Laval municipal court judge has thrown out a ticket issued by Laval police to a man who accused an officer of being a racist.

Yvens Beaudin was stopped by police while driving in Laval last February.

According to a court decision released last Friday, the two officers who stopped Beaudin said they wanted to check Beaudin's identity because the vehicle he was driving was registered to a woman.

The female passenger then showed the officers the registration proving the car was indeed hers and said that Beaudin was driving with her permission.

Beaudin told the officers he didn't understand their reason for stopping him and said he believed it was because he was black.

Beaudin then accused one of the officers of racial profiling, calling the officer a racist.

At that point, the officers gave him a ticket for insulting a police officer — a municipal bylaw offence in Laval.

Beaudin wasn't charged with any other offence.

Reasons for stop 'don't smell very good'

Judge Chantal Paré said in her decision that the question she had to answer was whether using the word "racist" constituted an insult.

The bylaw restricts anyone from insulting or libelling a police officer on the job by making "rude, blasphemous or offensive remarks."

Paré said in such cases, context is important.

She said the officers' justification for stopping Beaudin was dubious.

"The court will not dwell on this point, except to say that the reasons for interception don't smell very good," Paré said.

"This isn't enough to conclude there was racial profiling, but sufficient to understand the defendant's questioning and use of the word 'racist.'"

"The circumstances of this stop justify the surprise of the driver," she said.

Crown argues calling officer racist is insulting, libellous

The prosecutor in the case noted that the police code of conduct required officers to behave in a manner that maintains public confidence.

She tried to argue because of that the word "racist" — particularly when directed at a police officer — was indeed offensive, insulting and libellous.

Paré rejected the Crown's argument.

"Just because a police officer has a legal obligation to behave in accordance with his code of ethics does not mean that anything a citizen says to him or her that could offend him or her is, de facto, an insult justifying the issuing of a ticket," Paré said.

"Mentioning to a police officer on duty that he is racially profiling and is racist are comments that are free of the usual grossness and vulgarity associated with expressions that are reprehensible and may justify a ticket."

"The defendant didn't understand the reasons for being stopped and had the impression it was because he is black," Paré said.

"Whether he is right or he is wrong, he has the right to express his opinion," she continued.

"Freedom of expression is not abolished because a citizen expresses his opinion during a police intervention, with respect to the police, by expressing his disagreement. Nothing in the law establishes such a restriction," Paré concluded, ultimately acquitting Beaudin.