Purpose: To explore the analytical variability of the 8000C as determined by the Alcohol Test Committee during evaluation of the 8000C prior to type approval. To compare the analytical variability of the individual 8000C used in the subject tests for the client with the analytical variability of the type or class 8000C determined by the Alcohol Test Committee. To suggest that the instrument in the matter before the Court may no longer be a member of that class or type because
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
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
Purpose: To explore the differences between a measurement instrument that has a linear relationship between the thing measured and the result v. a measuring instrument that has a calibration curve. To search for an admission that the calibration curve can shift up or down, left or right, or rotate around a point over time. To cross-examine the CFS expert on the lack of empirical study supporting the ATC/CFS hypothesis that a single point control test can always detect drift.
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
Purpose: To challenge the CFS expert's position that inconvenient data should be excluded for the purpose of calculating precision. To obtain an admission that the local police service is not properly assessing accuracy and precision during periodic inspections because they are not assessing under stable conditions. To illustrate the importance of an O'Connor order requiring production of officer's contemporaneous documentation at the time of the inconvenient data to determin
Purpose: To establish that the ASTC/CFS is not sampling from aging instruments out in the field tpo determine error rates To establish that the ATC/CFS is not allowing for drift in precision of instruments as they age without re-calibration To suggest possible acceptable or normal error rates #errorrate #sampling #drift