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    Purpose of disclosure or production of maintenance records and data
    Stephen Biss
    • 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 scientists are right in saying that there is no causal relationship between the historical data and the results of a subsequent subject test. ​ Factors like dirt in the sample chamber or degradation in the electronic signal coming out of the detector at the end of the sample chamber, over time, may cause error. Inadequate factory calibration may c
    12 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 subsequent re-calibration by the factory) of an individual Intoxilyzer 8000C. Purposes of this cross-examination: [respecting type approval by the Alcohol Test Committee and Minister of Justice] To confirm that when new instruments are being evaluated, various solutions are used between 50 and 400 mg/100mls. To confirm that when new instruments
    9 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 that has an entry like this one on 5/20/2015. Should you go further and seek disclosure of the police notes, checklists, and instument printouts related thereto? Are they relevant (see Vallentgoed and Gubbins) to the reliability of a measurement result obtained a few days before 5/20/2015 when the instrument was taken out of service? Purpose: T
    9 views0 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 not recorded in COBRA data but ACA sequences are recorded in COBRA data. To explain to the Court why the calibration checks at 40 or 50, 100, and 300 during annual inspections do not appear in COBRA data disclosed. Sample cross-examination of Crown expert to clarify ABA (and ACABA) sequences v. ACA sequences for the Court: Q. Just, before w
    7 views0 comments
    3 Consecutive Annual Inspections Reveal a Trend Towards Unreliability
    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, information that police breath testing supervisors are not following their training and protocols respecting periodic inspection of their approved instruments. Let's suppose that the failures are obvious and reveal a trend over 3 years. Should you as a defence lawyer challenge the lawfulness of the search? Purposes of this example cross-examinat
    5 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 police service of their approved instruments. What can you do with that information? Purpose of this example cross-examination: To obtain an admission from the CFS scientist that the disclosed annual maintenance records indicate that the police failed to take any steps to correct control tests on inspection that indicated the instrument's respons
    9 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 verified by the independent authorized service centre for each of three test values was +/- 3 mg/100mls. To demonstrate that the initial verification matched the manufacturer's published specifications of accuracy +/- 3 mg/100mls. To demonstrate that when the particular instrument is subsequently being annually checked, by the police servic
    7 views0 comments
    Establishment of Calibration Intervals
    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 not familiar with this concept. It will probably be necessary to lay a foundation respecting this concept during an examination-in-chief or cross-examination of an expert. You may need the help of a metrologist to do so. This is an example cross-examination that needs improvement. Purpose: To introduce the concept of "calibration interval" i
    2 views0 comments
    Internal Standards Also Need Calibration and Calibration Interval
    Stephen Biss
    • Mar 24, 2018
    • 5 min

    Internal Standards Also Need Calibration and Calibration Interval

    Purpose: To explain the function of internal standards, the ITP, internal test procedure to the Court. To obtain an admission that the ITP system needs annual or periodic maintenance, just like the optical bench, so that the instrument can continue to function in accordance with manufacturer's specifications. To obtain an admission that any adjustment or re-calibration of the optical bench also requires re-calibration of the internal standards. Sample cross-examination of a C
    2 views0 comments
    AI Hardware and Software Can't Measure Without Learning and Re-Learning
    Stephen Biss
    • Feb 25, 2018
    • 6 min

    AI Hardware and Software Can't Measure Without Learning and Re-Learning

    Purpose: To educate the Court as to the "why" of the unreliability of an approved instrument to measure across the measuring interval if it has not been recently calibrated, inspected, maintained, re-calibrated. It seems strange to think that a modern "approved instrument" has to "learn" - that it has a kind of artificial intelligence. In reality it's true, an approved instrument has to learn the meanings of 67 mg/100mls, 94 mg/100mls, 117 mg/100mls, and 184 mg/100mls. The ar
    0 views0 comments
    Causation of Error v. Calculation of Drift in Precision - Evidence Based Assessment of Reliability
    Stephen Biss
    • Feb 10, 2018
    • 7 min

    Causation of Error v. Calculation of Drift in Precision - Evidence Based Assessment of Reliability

    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
    3 views0 comments
    Stephen Biss
    • Feb 2, 2018
    • 1 min

    Independent Annual Inspections v In-house Inspection by Local Police

    Purpose: To obtain admissions as to the differences in inspections, in inspection standard operating procedures, and completeness of an independent inspection v. an in-house annual or in-house periodic inspection by the local police service. To establish that these inspections are inadequate unless accompanied by complete documentation - that needs to be produced on the O'Connor application. #inspection #SOPs #annualmaintenance #independent
    0 views0 comments
    Precision Testing Using Only 2 Data Points is Inadequate to Calculate Precision
    Stephen Biss
    • Jan 28, 2018
    • 5 min

    Precision Testing Using Only 2 Data Points is Inadequate to Calculate Precision

    Purpose: To elicit evidence to the Court as to the inadequacy of calculation of the instrument's precision by the local police service, close in time to the subject tests. To obtain admissions from the CFS expert as to proper methods for calculating precision. To confirm Mr. Kupferschmidt's evidence that the local police had stopped doing linearity checks by the time of this periodic inspection. Q. ..... If we go back and we count back 50 control tests. A. Yes. Q. Prior to
    1 view0 comments
    Stephen Biss
    • Jan 24, 2018
    • 1 min

    Checking Analytical Variability and Accuracy of the Instrument? Where?

    Purpose: To explore the lack of a lab setting when accuracy and precision of the instrument are checked on periodic or annual inspection. To explore the lack of Standard Operating Procedures when accuracy and precision of the instrument are checked on periodic or annual inspection. #analyticalvariability #inspection #annualmaintenance #precision #accuracy #SOPs
    2 views0 comments
    No Supervision by ATC, CFS, or Anyone of Annual/Periodic Inspection SOPs
    Stephen Biss
    • Jan 15, 2018
    • 6 min

    No Supervision by ATC, CFS, or Anyone of Annual/Periodic Inspection SOPs

    Purpose: To show that the ATC recommendations for operational procedures at time of use do not account for the need during inspections to regularly conduct control tests at target values other than 100 mg/100mls. To demonstrate that we have no metrological supervision to ensure that linearity is checked, that manufacturer's specifications are honoured across the measuring interval. To demonstrate that searches of breath using"approved instruments" are unreasonable in Canada i
    6 views0 comments
    Beer-Lambert Law as Stated in Training Aid is Over-Simplified and Inadequate
    Stephen Biss
    • Jan 10, 2018
    • 10 min

    Beer-Lambert Law as Stated in Training Aid is Over-Simplified and Inadequate

    This blog entry contains excerpts from the cross-examination of a CFS scientist during an over 80 trial. It was suggested to the scientist that light in the Intoxilyzer sample chamber is polychromatic, rather than monochromatic. The Beer-Lambert Law as described in the CFS Training Aid assumes that the infrared light in the sample chamber is monochromatic, i.e. that there is one constant co-efficient for ethyl alcohol. Because the infrared infrared light in the sample chambe
    7 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.