A 47-year-old man who lit a smudge and pitched a tent in the shrub beds in front of the Kamloops courthouse won't be held in custody and made to undergo a psychiatric exam.

Provincial court judge Chris Cleaveley granted Joseph Tessier bail Wednesday - something the Crown opposed - but with a condition that he not possess any instruments to light a fire.

"Really? I'm a smoker," the talkative Tessier said from the prisoner's box.

Cleaveley then specified those fire-starting instruments in his bail order to include matches, lighters or devices used to start a fire.

"It's time the nonsense that went on yesterday is cut out," Cleaveley said after granting Tessier bail.

"No more camping," Tessier agreed.

Tessier was arrested Tuesday by sheriffs on the north side of the Kamloops courthouse building. He'd pitched a small dome tent in the beds immediately in front of the building and outside the probation office.

He has nine breaches of court-ordered conditions on his criminal record.

Defence lawyer Jeremy Jensen said Tessier, who works as an arboriculturist, moved to Kamloops a year ago from Vancouver after a family break-up.

Tessier was working at pruning trees downtown when he decided to visit the probation office, Jensen said, acknowledging the smudge and tent violated a condition of his probation that he keep the peace and be of good behaviour.

But the defence lawyer added Tessier has a place to live and is mentally fit for day-to-day living. By placing him in jail, he would lose his home and seasonal work.

Crown lawyer Carol Hawes argued for a 30-day detention order so that a psychiatric exam could be ordered. Failing that, she wanted Tessier kept in custody until a court hearing on his breach of probation allegation.

Cleaveley declined to order either of those measures.

Tessier must also not possess weapons as part of his bail conditions.