top of page

lawyers.ca duimetrology.com
905-273-3322 or 1-877-273-3322
Search


Change of Response at One Point but Not at Another Point that is Equivalent
Purpose: To suggest that there is empirical evidence in the matter before the Court of change in response by the approved instrument at...
Stephen Biss
Oct 12, 20224 min read
18 views
0 comments


Reliability of Approved Instruments in Field Over Time is a Hypothesis: Where is Empirical Study?
Purposes: To obtain the following admissions from the Crown's expert: Calibration of an approved instrument out in the field does not...
Stephen Biss
Aug 2, 20229 min read
8 views
0 comments


Are police officers tempted to record 34.00 without actually checking the simulator thermometer?
Tip 21: A CFS scientist has acknowledged police sometimes are tempted to record 34.0. Evidence of a CFS scientist, Dr. L, April 10, 2013,...
Stephen Biss
Jun 24, 20221 min read
13 views
0 comments


Toxicology Letter of Opinion Without Accreditation
For purposes of this sample cross-examination it is assumed that the cross-examiner has already laid the groundwork of the findings and...
Stephen Biss
Sep 26, 20187 min read
125 views
0 comments


2012 ATC Position Paper Built Upon Hypothesis Without Empirical Evidence
Purpose: To obtain admissions that the opinion of the Crown expert (and indirectly the 2012 ATC Position Paper) that single point control...
Stephen Biss
Aug 20, 20189 min read
40 views
0 comments


OIML R126 is the International Standard for Evidential Breath Analyzers
Interesting things about R 126: It exists and yet Canadian Judges and lawyers don't know about it, notwithstanding the fact that it is an...
Stephen Biss
Aug 14, 201810 min read
735 views
0 comments


The 2012 ATC Position Paper is Not a Scientific Article
Purpose: To obtain admissions that the 2012 Alcohol Test Committee Position Paper: - is a position paper -is not a scientific article -is...
Stephen Biss
May 30, 20183 min read
20 views
0 comments


Maybe the Instrument Is No Longer Linear Enough to Be An "8000C"
Purpose: To explore the analytical variability of the 8000C as determined by the Alcohol Test Committee during evaluation of the 8000C...
Stephen Biss
May 22, 20185 min read
27 views
0 comments


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...
Stephen Biss
May 16, 20188 min read
14 views
0 comments


BAC Analysis in a Lab Without Bracketing Controls is at Best Qualitative not Quantitative
We have a serious problems in the Canadian criminal justice system. One of them is the failure of Parliament and the Courts to recognize...
Stephen Biss
Apr 27, 20184 min read
12 views
0 comments


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...
Stephen Biss
Apr 20, 20184 min read
12 views
0 comments


Change at One Point but Not at Another Point that is Equivalent
This is a sample excerpt from a cross-examination of a Crown expert using data from periodic inspection of an approved instrument. The...
Stephen Biss
Apr 13, 20185 min read
3 views
0 comments


Start By Defining "Reliability" don't focus on "Accuracy"
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...
Stephen Biss
Apr 6, 20186 min read
14 views
0 comments


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...
Stephen Biss
Apr 5, 20182 min read
11 views
0 comments


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,...
Stephen Biss
Apr 4, 20185 min read
9 views
0 comments


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...
Stephen Biss
Mar 29, 20186 min read
21 views
0 comments


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...
Stephen Biss
Mar 28, 20185 min read
7 views
0 comments


Canada's NRC on Traceability
Defence lawyers need to convince the criminal justice system that "traceability" of all forensic measurements is a condition precedent to...
Stephen Biss
Mar 26, 20185 min read
13 views
0 comments


Establishment of Calibration Intervals
The concept of "calibration interval" is an important one in measurement science. Unfortunately most criminal law lawyers and Judges are...
Stephen Biss
Mar 25, 20182 min read
6 views
0 comments


Why Does the ATC Say Single Point Control Tests are Good Enough?
Purpose: To explore the differences between a measurement instrument that has a linear relationship between the thing measured and the...
Stephen Biss
Mar 25, 20186 min read
13 views
0 comments
bottom of page