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    • Cross-examinations of Crown Experts
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    Toxicology Letter of Opinion Without Accreditation
    Stephen Biss
    • Sep 26, 2018
    • 7 min

    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...
    24 views0 comments
    2012 ATC Position Paper Built Upon Hypothesis Without Empirical Evidence
    Stephen Biss
    • Aug 20, 2018
    • 9 min

    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...
    23 views0 comments
    OIML R126 is the International Standard for Evidential Breath Analyzers
    Stephen Biss
    • Aug 14, 2018
    • 9 min

    OIML R126 is the International Standard for Evidential Breath Analyzers

    Purpose: To obtain admissions that: there exists an international legal measurement standard for evidential breath analyzers the...
    301 views0 comments
    The 2012 ATC Position Paper is Not a Scientific Article
    Stephen Biss
    • May 30, 2018
    • 3 min

    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...
    8 views0 comments
    Maybe the Instrument Is No Longer Linear Enough to Be An "8000C"
    Stephen Biss
    • May 22, 2018
    • 5 min

    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...
    17 views0 comments
    Annual Inspections Done Without Reference to Manufacturer's Specifications
    Stephen Biss
    • May 16, 2018
    • 8 min

    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...
    9 views0 comments
    BAC Analysis in a Lab Without Bracketing Controls is at Best Qualitative not Quantitative
    Stephen Biss
    • Apr 27, 2018
    • 4 min

    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...
    8 views0 comments
    Relevance of Contemporaneous Documentation by Inspector Taking Instrument Out of Service
    Stephen Biss
    • Apr 20, 2018
    • 4 min

    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...
    9 views0 comments
    Change at One Point but Not at Another Point that is Equivalent
    Stephen Biss
    • Apr 13, 2018
    • 5 min

    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...
    1 view0 comments
    ABA Sequences v ACA Sequences
    Stephen Biss
    • Apr 5, 2018
    • 2 min

    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...
    7 views0 comments
    Police Fail to Correct a Linearity Problem on In-House Annual Inspection
    Stephen Biss
    • Mar 29, 2018
    • 6 min

    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...
    8 views0 comments
    Police No Longer Follow ATC Best Practices Respecting Tolerance
    Stephen Biss
    • Mar 28, 2018
    • 5 min

    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
    Why Does the ATC Say Single Point Control Tests are Good Enough?
    Stephen Biss
    • Mar 25, 2018
    • 6 min

    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...
    8 views0 comments
    Response Drifts Over Time
    Stephen Biss
    • Mar 23, 2018
    • 3 min

    Response Drifts Over Time

    In an article relied upon by the SCC in St. Onge, Brian Hodgson stated: Defence lawyers need to educate themselves about the meanings of...
    2 views0 comments
    Traceability of Measurement Results is Through the Certificate of Calibration
    Stephen Biss
    • Mar 2, 2018
    • 6 min

    Traceability of Measurement Results is Through the Certificate of Calibration

    "Traceability" is an important concept in metrology - measurement science. Defence lawyers need to study metrology, find experts, and...
    5 views0 comments
    Measurements Under the Criminal Code of Canada Use SI Units
    Stephen Biss
    • Feb 16, 2018
    • 4 min

    Measurements Under the Criminal Code of Canada Use SI Units

    Purpose: To connect the Criminal Code and its wording about concentration of alcohol in units of blood with the International system of...
    0 views0 comments
    Factors Influencing Reliability
    Stephen Biss
    • Feb 13, 2018
    • 3 min

    Factors Influencing Reliability

    What is "reliability" in the context of a "quantitative analysis"? What does "reliability" mean in measurement science? We have a...
    7 views0 comments
    Uncertainty of Measurement is Not Novel Science
    Stephen Biss
    • Feb 5, 2018
    • 3 min

    Uncertainty of Measurement is Not Novel Science

    Purpose: To obtain an admission from a CFS scientist that uncertainty of measurement is not novel science. A. ...So, it’s a static...
    10 views0 comments
    Uncertainty of Measurement for Lawyers and Judges
    Stephen Biss
    • Feb 4, 2018
    • 5 min

    Uncertainty of Measurement for Lawyers and Judges

    Lawyers and Judges need to get past their deep-seated fear of uncertainty. If we are to promote the use of good science, in Court, we, as...
    14 views0 comments
    Government Scientists Calculate Uncertainty of Measurement - Why Can't We?
    Stephen Biss
    • Jan 27, 2018
    • 9 min

    Government Scientists Calculate Uncertainty of Measurement - Why Can't We?

    Purpose: To obtain admissions about the use of historical control test data by the Centre of Forensic Sciences in Toronto to calculate...
    8 views0 comments
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    For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., Mississauga, Ontario, Canada, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

    WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.

    Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.

    Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.

    Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.

    Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.