Change of Response at One Point but Not at Another Point that is Equivalent
Purpose: To suggest that there is empirical evidence in the matter before the Court of change in response by the approved instrument at...
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Stephen Biss
Aug 2, 20229 min read
Reliability of Approved Instruments in Field Over Time is a Hypothesis: Where is Empirical Study?
Purposes: To obtain the following admissions from the Crown's expert: Calibration of an approved instrument out in the field does not...
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Stephen Biss
Jun 24, 20221 min read
Are police officers tempted to record 34.00 without actually checking the simulator thermometer?
Tip 21: A CFS scientist has acknowledged police sometimes are tempted to record 34.0. Evidence of a CFS scientist, Dr. L, April 10, 2013,...
13 views0 comments
Stephen Biss
Sep 26, 20187 min read
Toxicology Letter of Opinion Without Accreditation
For purposes of this sample cross-examination it is assumed that the cross-examiner has already laid the groundwork of the findings and...
116 views0 comments
Stephen Biss
Aug 20, 20189 min read
2012 ATC Position Paper Built Upon Hypothesis Without Empirical Evidence
Purpose: To obtain admissions that the opinion of the Crown expert (and indirectly the 2012 ATC Position Paper) that single point control...
39 views0 comments
Stephen Biss
Aug 14, 201810 min read
OIML R126 is the International Standard for Evidential Breath Analyzers
Interesting things about R 126: It exists and yet Canadian Judges and lawyers don't know about it, notwithstanding the fact that it is an...
706 views0 comments
Stephen Biss
May 30, 20183 min read
The 2012 ATC Position Paper is Not a Scientific Article
Purpose: To obtain admissions that the 2012 Alcohol Test Committee Position Paper: - is a position paper -is not a scientific article -is...
20 views0 comments
Stephen Biss
May 22, 20185 min read
Maybe the Instrument Is No Longer Linear Enough to Be An "8000C"
Purpose: To explore the analytical variability of the 8000C as determined by the Alcohol Test Committee during evaluation of the 8000C...
27 views0 comments
Stephen Biss
May 16, 20188 min read
Annual Inspections Done Without Reference to Manufacturer's Specifications
This is a sample cross-examination of an Ontario CFS scientist on the procedure used to perform an initial factory calibration (or a...
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Stephen Biss
Apr 27, 20184 min read
BAC Analysis in a Lab Without Bracketing Controls is at Best Qualitative not Quantitative
We have a serious problems in the Canadian criminal justice system. One of them is the failure of Parliament and the Courts to recognize...
12 views0 comments
Stephen Biss
Apr 20, 20184 min read
Relevance of Contemporaneous Documentation by Inspector Taking Instrument Out of Service
Let's suppose that as a result of a disclosure request or Freedom of Information application you find an electronic or paper document...
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Stephen Biss
Apr 13, 20185 min read
Change at One Point but Not at Another Point that is Equivalent
This is a sample excerpt from a cross-examination of a Crown expert using data from periodic inspection of an approved instrument. The...
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Stephen Biss
Apr 6, 20186 min read
Start By Defining "Reliability" don't focus on "Accuracy"
Purpose: To remind the Court, "thing 1" in 258(1)(c) is unconstitutional under Charter 11(d) (R v St-Onge) but is saved by section 1. To...
10 views0 comments
Stephen Biss
Apr 5, 20182 min read
ABA Sequences v ACA Sequences
Purpose: To explain to the Court, the differences between ABA (Esc Esc B) and ACA (Esc Esc C) sequences To confirm that ABA sequences are...
11 views0 comments
Stephen Biss
Apr 4, 20185 min read
3 Consecutive Annual Inspections Reveal a Trend Towards Unreliability
Let's suppose that you obtain, as the result of disclosure or a Freedom of Information application of paper or electronic documents,...
9 views0 comments
Stephen Biss
Mar 29, 20186 min read
Police Fail to Correct a Linearity Problem on In-House Annual Inspection
Let's suppose that you obtain disclosure or Freedom of Information documents respecting In-house Periodic Inspections by your local...
19 views0 comments
Stephen Biss
Mar 28, 20185 min read
Police No Longer Follow ATC Best Practices Respecting Tolerance
Purpose of this sample cross-examination: To demonstrate that when the particular instrument was first placed into service, the tolerance...
7 views0 comments
Stephen Biss
Mar 26, 20185 min read
Canada's NRC on Traceability
Defence lawyers need to convince the criminal justice system that "traceability" of all forensic measurements is a condition precedent to...
10 views0 comments
Stephen Biss
Mar 25, 20182 min read
Establishment of Calibration Intervals
The concept of "calibration interval" is an important one in measurement science. Unfortunately most criminal law lawyers and Judges are...
6 views0 comments
Stephen Biss
Mar 25, 20186 min read
Why Does the ATC Say Single Point Control Tests are Good Enough?
Purpose: To explore the differences between a measurement instrument that has a linear relationship between the thing measured and the...
13 views0 comments
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