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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 remind the Court that 258(1)(c) is saved by section 1 because of Parliament's purpose which is weight consistent with scientific reliability. To demonstrate to the Court that the SCC in St-Onge relied on the paper by Brian Hodgson. To bring that paper before the Court and make it an exhibit. To ask the government scientist to concede the def

In an article relied upon by the SCC in St. Onge, Brian Hodgson stated: Defence lawyers need to educate themselves about the meanings of "drift" and "over time". What is it that actually "drifts"? What happens "over time". Are these concepts important to clarify during any cross-examination of a Crown expert? Can the reality of drift over time be satisfied by single point control tests? Is more required to maintain reliability over time? The ATC and CFS regularly opine that a

What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Crown CFS scientists are right in saying that there is no causal relationship between the historical data and the results of a subsequent subject test. Crown CFS scientists are incorrect in saying that maintenance records and historical data are irrelevant in assessing the scientific reliability of a measurement result. Control tests, cal. checks, and simula

Purpose: To remind the Court of the concept of "reliability" used by the SCC in St-Onge. To educate the Court as to the definitions of "accuracy", "precision", and "reliability" used by Brian Hodgson in his paper relied on by the SCC in St-Onge. To focus on drift in accuracy and precision over time from: the manufacturer's specifications, and/or the accuracy and precision of the 8000 that was evaluated, and/or this specific instrument when first placed into service, as compar

Purpose: To obtain admissions respecting the inadequacy of ATC / CFS recommendations in requiring "stability of metrological characteristics" over time. To obtain admissions that the Diagnostics test function only checks stability over a few seconds at best, not over weeks, months, or years following calibration by the manufacturer. To underline the concept of "over time" in Hodgson's definition of "reliability". #Hodgson #reliability #durability #metrologicalcharacteristics

Purpose: To neutralize the government scientist's assertion that anomalous data should be excluded from calculation of precision. To obtain an acknowledgment of drift in precision over time (see Hodgson definition of reliability) To challenge the propriety of throwing out control test data outside 90 - 100 mg/100mls in any calculation of precision #precision #Hodgson #reliability