The Alberta Court of Appeal has overturned a conviction and ordered a new trial for a Calgary-based addictions counsellor found guilty last year of sexual assault and sexual exploitation. The case stems from a brief encounter with a 17-year-old girl in a Lethbridge hotel room in 2019.
Original Conviction Overturned on Legal Grounds
In January 2024, Justice Heather Lamoureux of the Calgary Court of Justice convicted Jessica Ossais on charges related to an incident on March 22, 2019. The judge had ruled that an encounter described by the complainant—where she sat on Ossais on a bed and touched the counsellor's breasts over clothing—constituted sexual assault.
The trial judge emphasized the significant power imbalance and the vulnerable state of the teen, who was suffering from drug-induced psychosis and was at times suicidal. The teen was a client in the Protection of Children Abusing Drugs (PChAD) program where Ossais worked.
Appeal Court's Rationale for a New Trial
However, in a ruling filed on Tuesday, December 23, 2025, a three-judge appeal panel found a critical legal error. Justices Jo'Anne Strekaf, Alice Woolley, and Tamara Friesen wrote that the Criminal Code sections for sexual assault and sexual exploitation both require proof that the accused intentionally "touched" another person for a sexual purpose.
The appeal court noted that Ossais testified she was asleep when the incident began and ended it immediately upon waking. "While the trial judge found that the complainant touched the breasts of the appellant, she made no finding that the appellant ever touched the complainant for a sexual purpose," the ruling states.
Background of the Case and Professional Misconduct
The court heard that the 17-year-old girl had left a secure Calgary addictions facility without permission. Ossais, her case worker, drove to Lethbridge after the teen contacted her. Ossais admitted to acting inappropriately as a professional by getting a hotel room for them both, though she stated her concern was for the girl's welfare.
Justice Lamoureux had previously determined that sexual misconduct occurred in the hotel room but not at any later point in their relationship. The appeal court's decision does not dispute the professional boundary violations but highlights the specific legal threshold for a criminal conviction of sexual assault.
The case now returns to the trial court for a new proceeding, where the legal requirement for proof of intentional touching for a sexual purpose will be central to the prosecution's argument.
