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
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
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
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
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
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
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
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
Purpose: To obtain an admission from a CFS scientist that expectation of ATC Best Practices Recommendation is for annual inspection of wet-bath simulator to ensure it meets manufacturer's specifications To obtain an admission from a CFS scientist that manufacturer's specification for a Guth 2100 simulator is 34.00 +/- .05 degrees C, not just 34.0 +/- .2 degrees C. MR. BISS: Q. Now, can you just – sorry – can
you just tell us a little bit more – we’ve been talking a lot
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. Note the differences between two provinces: Unlike Alberta, Ontario does not have met
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.
Q. Prior to
The approved instrument referred to, in the case below, was sent out for a recalibration, a few days after the client's subject tests. We wanted to know WHY. What caused the need? Were consistently low cal. checks after the client's tests the reason? Were consistently low cal. checks before and after the client's tests the reason? Was there a significant change, over time, in the precision of the instrument, somewhere between March 6, 2015, April 14, 2015, and May 20, 2015? P
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. Q. I see. All right.
A. Now, if you wanted to look at the
analytical variability and accuracy of the instrument.
A. Then you would have to go look at these
here on page 43 of Exhibit 1
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
Purpose: To obtain admissions from the Crown expert to enable argument that Vallentgoed can be distinguished on its facts - particularly respecting: - recent re-calibration on a regular calibration interval - independence of factory authorized service centre Please carefully read the following excerpt from R. v. Vallentgoed in the Alberta Court of Appeal. Note January 30, 2013 "The instrument then required recalibration". The pattern of "Diary Date for Next Service" and "Som
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