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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

We have a serious problems in the Canadian criminal justice system. One of them is the failure of Parliament and the Courts to recognize the differences between a qualitative measurement (a screening device result like a rapid home use COVID test kit or a roadside breath ASD, PBT, or ADSE tester result) and a quantitative measurement that results in criminal law sanctions. The Criminal Code and our case law, to some extent recognize the differences between an approved instrum

This is a sample excerpt from a cross-examination of a Crown expert using data from periodic inspection of an approved instrument. The multiple-point control test data from an annual periodic inspection in Ontario or from a re-calibration as in Vallentgoed can be very useful to the defence in cross-examing a breath tech or a Crown expert to identify drift in accuracy and precision over time. Purpose: To suggest that there is empirical evidence in the matter before the Court o

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: 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 separate conceptually control tests from calibration To obtain an admission that there are no "assessors" in the province of Ontario To obtain an admission that the historical maintenance records show a deterioration of performance - deterioration of linearity in this particular instrument The strategy of using control tests as indication of reliability depends upon completeness of records and transparency To obtain an admission that at the bottom of the valley in

Purpose: To obtain admissions that the published studies dealing with the linearity of approved instruments assume a new instrument recently calibrated by the manufacturer. #linearity #sampling

This blog entry explores the use of a university textbook during cross-examination of a CFS scientist on "Instrumental Deviations from Beer-Lambert Law". The purposes of this cross-examination included: To explore the reasons why measurement instruments in the field may deviate from the linearity alleged by the Beer-Lambert law. To introduce a university textbook dealing with inter alia: External Calibration Creating a Calibration Curve Limits to Beer's law No longer linear w

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