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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


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


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


Response Drifts Over Time
In an article relied upon by the SCC in St. Onge, Brian Hodgson stated: Defence lawyers need to educate themselves about the meanings of...
Stephen Biss
Mar 23, 20183 min read


How to Calibrate - Teach an AI - Build the Inverse Logarithmic Calibration Curve
Purpose: To educate the Court about the Analytical Theory of the 8000C Optical Bench including Emitter, Sample Chamber, Dual Detectors,...
Stephen Biss
Feb 28, 20183 min read


Uncertainty of Measurement for Lawyers and Judges
Lawyers and Judges need to get past their deep-seated fear of uncertainty. If we are to promote the use of good science, in Court, we, as...
Stephen Biss
Feb 4, 20185 min read
Periodic Inspection Must Be Done Under Stable Lab Conditions
Purpose: To challenge the CFS expert's position that inconvenient data should be excluded for the purpose of calculating precision. To...
Stephen Biss
Feb 1, 20181 min read


Police Services Use Control Test Data Outside MPE to Calculate Precision
Purpose: To obtain an acknowledgement from a CFS scientist that even though he would exclude data outside (the Maximum Permissible Error...
Stephen Biss
Jan 31, 20185 min read


Ignoring Inconvenient Data in Calculation of Precision
Purposes of this cross-examination: To challenge the opinion that data outside maximum permissible error (outside +/- 10 mg%) should be...
Stephen Biss
Jan 30, 20185 min read


Defence Methodology Calculating Precision in the Field
Purpose: To establish a better methodology for calculating precision of an approved instrument in service. To apply CFS methodology using...
Stephen Biss
Jan 29, 20186 min read


Precision Testing Using Only 2 Data Points is Inadequate to Calculate Precision
Purpose: To elicit evidence to the Court as to the inadequacy of calculation of the instrument's precision by the local police service,...
Stephen Biss
Jan 28, 20185 min read


Government Scientists Calculate Uncertainty of Measurement - Why Can't We?
Purpose: To obtain admissions about the use of historical control test data by the Centre of Forensic Sciences in Toronto to calculate...
Stephen Biss
Jan 27, 20189 min read


Checking Analytical Variability and Accuracy of the Instrument? Where?
Purpose: To explore the lack of a lab setting when accuracy and precision of the instrument are checked on periodic or annual inspection....
Stephen Biss
Jan 24, 20184 min read


Distorted Concept of "Accuracy", "Precision", and "Reliability"
Purpose: To remind the Court of the concept of "reliability" used by the SCC in St-Onge. To educate the Court as to the definitions of...
Stephen Biss
Jan 22, 20186 min read
Attempt to Distinguish from Jackson and Vallentgoed
Purpose: To support argument that the Maintenance History shows that the instrument was taken "out of service", for "consistently low...
Stephen Biss
Jan 21, 20181 min read


No Sampling of Aging Instruments in the Field
Purpose: To suggest that ATC/CFS scientists cannot provide any scientific opinion of the reliability of aging instruments out in the...
Stephen Biss
Jan 19, 20185 min read


Manipulating Control Test Data to Enhance Precision
Purpose: To neutralize the government scientist's assertion that anomalous data should be excluded from calculation of precision. To...
Stephen Biss
Jan 15, 20186 min read


Error Rates and Drift in Precision
Purpose: To establish that the ATC/CFS is not sampling from aging instruments out in the field to determine error rates To establish that...
Stephen Biss
Jan 14, 20187 min read
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