Argument

Sep 13
1 min

What is an Ambient Fail on an Intoxilyzer 8000C?

What does "ambient fail" or "ambient failed" mean on an Intoxilyzer 8000C? Watch the following video and ask yourself why the ambient...

4 views0 comments

Sep 12
2 min

What is an air blank on an Intoxilyzer 8000C?

What does an air blank look like on an Intoxilyzer 8000 or 8000C? What is a blank test? What is a system blank test? What does 000 mean...

9 views0 comments

Jul 8
5 min

Error in Expert Agreed Fact - Evidence Before the Court in R. v. Fitts [2015] O.J. No. 2431

In his decision May 13, 2015, Justice Paciocco stated: 95 I will begin with the simulator evidence, for if the simulator was not...

2 views0 comments

Jun 30
11 min

COBRA Audit Trail is Essential Probative Evidence Respecting Usage Count

In Canada, wet-bath alcohol standard, used in recirculating mode, may only be used a maximum of 50 uses. The best evidence, and perhaps...

6 views0 comments

Jun 17
4 min

COBRA V and Hospital Change of Location

Warning: This blog entry was written prior to Bill C-46 during an era when forensic science in Ontario was more transparent. Prior to R....

13 views0 comments

Jun 10
3 min

Is it safe to assume that the target value of the alcohol standard was 100?

The video below displays a variety of alcohol standards that could be used in a #duisimulator for evidentiary breath testing for...

14 views0 comments

May 27
1 min

Good Enough for Police v. Good Enough for Charter section 7, 8, and 11(d)

I agree that single point control tests and the Internal Test Procedure (ITP) check are good practice for police. The instrument shutting...

3 views0 comments

May 26
3 min

How to Defend a DUI During the Pandemic

My experience is that disclosure has become shakier and shakier during the pandemic. Police and Crowns offices are not doing well in...

5 views0 comments

May 10
4 min

Strengthening Forensic Science in Canada

There are serious problems in forensic science in both Canada and the United States. We need a full public review of forensic science in...

4 views0 comments

Apr 21
4 min

Forensic Science in Canadian Youth Courts

Most of the rules of evidence that apply to adults, also apply to proceedings in Youth Courts in Canada. Police officers can give...

5 views0 comments

Apr 20
3 min

Scientific Validity of Feature Comparison

With respect to error rates in evidentiary breath testing, please see the blog entry "Error Rates and Drift in Precision". In September...

7 views0 comments

Dec 3, 2021
2 min

Verification of Digital Thermometer

Although not stated in the 8000C Training Aid, CFS scientists seem to be in agreement, that it is recommended that a NIST mercury...

7 views0 comments

Oct 19, 2018
9 min

Science Evidence v. Technolgy Evidence

When qualifying an expert witness, Courts need to carefully consider the scope of expertise of the expert. Sometimes it is convenient for...

23 views0 comments

Sep 28, 2018
4 min

Purpose of disclosure or production of maintenance records and data

What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Government...

12 views0 comments

Apr 6, 2018
6 min

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...

6 views0 comments

Jan 20, 2018
8 min

Attempt to Distinguish R. v. Jackson

Purpose of this Argument: To distinguish R. v. Jackson on the basis of a differences in facts. Distinguishing the Jackson[92] Decision As...

5 views0 comments

Jan 15, 2018
13 min

Is an Approved Instrument Really a Screening Device?

Purpose: To suggest that an AI is a quantitative analysis instrument and an ASD is a qualitative analysis instrument and suggest that the...

1 view0 comments

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