A charge against a Toronto man accused of flying what police called a “terrorist flag” at a pro-Palestinian demonstration earlier this year has been withdrawn.

A 41-year-old man was charged with publicly inciting hatred after marching down Queen Street W. and Bay Street on Jan. 7, allegedly waving the flag of the Popular Front for the Liberation of Palestine.

The organization is listed as a terrorist group by Public Safety Canada, which says it seeks “the destruction of the State of Israel and the establishment of a communist government in Palestine.”

Martínez says the force’s case hinged on the flag belonging to a group listed by the federal government as a terrorist group, which in and of itself isn’t enough evidence for a conviction.

“It shows that the police acted not on a legal basis but on a political basis,” he told CBC Toronto.