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, 2022
- 9 min
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...
3 views0 comments
Stephen Biss
- Jun 24, 2022
- 1 min
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,...
11 views0 comments
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...
68 views0 comments
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...
32 views0 comments
Stephen Biss
- Aug 14, 2018
- 10 min
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...
517 views0 comments
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...
14 views0 comments
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...
24 views0 comments
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...
10 views0 comments
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...
12 views0 comments
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...
11 views0 comments
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...
3 views0 comments
Stephen Biss
- 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...
9 views0 comments
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...
9 views0 comments
Stephen Biss
- Apr 4, 2018
- 5 min
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,...
7 views0 comments
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...
15 views0 comments
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
Stephen Biss
- Mar 26, 2018
- 5 min
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...
8 views0 comments
Stephen Biss
- Mar 25, 2018
- 2 min
Establishment of Calibration Intervals
The concept of "calibration interval" is an important one in measurement science. Unfortunately most criminal law lawyers and Judges are...
5 views0 comments
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...
13 views0 comments
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