A sex offender who refused to undergo a psychiatric assessment because it was not specifically detailed in his probation order is not guilty of a breach.
Defence lawyer Richard Begin said his client, Mark Quesnelle, was found not guilty on a single count of breach of probation.
Quesnelle, convicted earlier of sexual interference, attended the Kamloops Adult Forensics Clinic as instructed. But his order stipulated only that he undergo treatment as a sex offender, not specifically that he was required to undergo an assessment first.
A probation officer testified it’s not possible to enter a sex offender program without an assessment.
Provincial court judge Stella Frame ruled Quesnelle did not breach his probation order because it did not specifically state he required an assessment. A clerk had neglected to place the wording for an assessment in the order.