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Tip 40: Some police services take the position that they don't need to use seals between the simulator housing and the jar. Failure to use and record alphanumeric seals deserves thorough cross-examination. Some police services also take the position that they do not need to follow the CFS 8000C Training Aid Appendix "E" example of an Alcohol Standard Log. Perhaps it is unfortunate that members of the defence Bar have not been as diligent as they could be in cross-examination

Tip 35: The simplest method of communicating the last change date of the alcohol standard solution placed into the wet-bath simulator is simply to leave the empty bottle on the Intoxilyzer desk with the change date written on the bottle. The next and any subsequent qualified technician then reads the handwritten notation from the empty bottle and copies it into his or her notebook and communicates to the Court that the solution was Manufacturer xyz, lot number was 123, change

Tip 37: Defence lawyers need to study the video - does the qualified technician take a random (unrelated to the matter before the Court) bottle of alcohol standard out of a box in a cabinet in the breath room and use that bottle to identify the clear alcohol standard poured previously by another QT from another bottle, already in the wet-bath simulator? At least one Qualified Technician has been observed, appearing to identify, the clear solution inside the wet-bath simulator

Tip 38: One of the best ways to control wet-bath simulator alcohol standard continuity is to use alphanumeric police seals and record their numbers/codes in the Alcohol Standard Log (both outgoing and incoming), in the solution change officer's notes (both outgoing and incoming), and in the subject breath test QT officer's notes. A seal between the upper housing and the jar ensures that no one has tampered with the solution between the time the seal is applied and the time it

Tip 36: Some police detachments have been known to write the manufacturer name, lot number, name/badge of solution change officer, date/time of change and other information on a whiteboard or blackboard. The whiteboard can easily be erased, altered, or amended by any officer using the breath room. This image was obtained as the result of a defence photographer having access to the breath room in R. v. D. at Brampton. The matter was eventually resolved under the Highway Traffi

Tip 39: The key to usefulness of alphanumeric seals on a #duisimulator is whether or not the incoming seal number on the subsequent solution change date equals the outgoing seal number on the prior solution change date. If the incoming seal number does not match the outgoing seal number, then an inference can be drawn that someone broke the seal and replaced the seal between those two dates. If someone broke the seal, then an inference can be drawn that they, or someone else,

Tip 34: The use of an alcohol standard during evidentiary breath testing in Canada was not mentioned in the Criminal Code as a condition precedent to former section 258(1)(c), but it seems that everyone in the judicial system and the scientific community in Canada assumed it was a condition precedent. In the Bill C-2 258(1)(c) era, we could rebut the presumptions of accuracy/identity/reliability with evidence tending to show. In the Bill C-46 section 320.31(1)(a) era, we need