lawyers.ca duimetrology.com
905-273-3322 or 1-877-273-3322
Stephen R. Biss, B.A., LL.B.
Retired Lawyer
Curriculum Vitae
Education:
1978 - 1979
Law Society of Upper Canada, Bar Admission Course
Called to the Bar: April 5, 1979
​
1974 - 1977
University of Ottawa, Faculty of Law, LL. B. Cum Laude: May 26, 1977
​
1971 - 1974
University of Toronto, Faculty of Arts and Science, B.A. with Grade A Standing: June 6, 1974
​
1966 - 1971
Michael Power High School, Etobicoke, Ontario Scholar: August 1971
Professional Employment:
​
1980 - 2022
Stephen R. Biss, lawyer, sole practitioner
​
1979 - 1980
M. Gogek & Associates, lawyer, associate
​
1977 - 1978
M. Gogek & Associates, student-at-law
​
1977
Crown Attorney's Office, Brampton, student-at-law
Professional Experience:
1979 - 2022
Private Law Practice in Mississauga
​
1979 - 2001
Peel Provincial Court (Family Division), duty counsel panel.
​
Since 1979
Peel Law Association, member.
​
1979 - 1995
Official Guardian child representation/protection panel.
​
1980 - 2016
Peel Provincial Court (Criminal Division) duty counsel panel
​
1981 - 2008
Peel Part-time Assistant Crown Attorney
​​
1983 - 1984
Peel-Dufferin Y.O.A. Planning & Implementation Group.
​
1983 - 1985
Part-time Counsel for Children's Aid Society of Peel Region.
​
1983 - 1987
Development and operation of a computerized service for lawyers and judges calculating income tax effects of support payments.
​
1983 - 1994
​
1983 - 1994
Development and operation of a computerized sentencing database respecting digested and reported Y.O.A. sentencing decisions in Canada.
​
1984 - 1997
Peel Duty Counsel Advisory Committee Member
​
1985 - 2016
Peel Provincial Court (Criminal Division) Youth Court duty counsel panel.
​
1989 - 1996
Peel Criminal Lawyers Association representative on the Brampton Criminal Court Management Committee, (Brampton Delay Reduction Committee).
​
1989 - 1993
Development of computer software and graphics for province-wide comparison of time to trial in the Ontario Court (Provincial Division).
​
1990 - 1991
Chief Judge's Executive Committee, Ontario Court (Provincial Division), Delay Reduction Subcommittee Member.
​
1993 - 1994
Unified Family Court Committee, Peel Law Association, Research on Implementation of a Unified Family Court in Peel and Report to the Attorney General, Committee Member.
​
1994 - 1995
Peel Criminal Lawyers Association representative on the Regional Group on Violence, development of Violent Incidents Protocol, Peel Board of
Education, Dufferin-Peel R.C.S.S.B., Peel Regional Police
​
1995 -1999
Peel Criminal Lawyers Association, Treasurer
​
1998 - 2007
Criminal Lawyers' Association Webmaster
​
1998 - 1999
Criminal Lawyers' Association Young Offenders Act Sub-Committee member, (drafting submissions to the Minister of Justice re Bill C-68, the Youth Criminal Justice Act)
​
Since 1999
Criminal Lawyers' Association various Sub-Committees, member
​
2003 - 2005
Peel Criminal Lawyers Association, President
​
2006
Forcon Controlled Alcohol Testing: Alcohol Absorption, Distribution and Elimination studies
​
2003 - 2007
Brampton, Local Criminal Justice Co-ordinating Committee, PCLA Representative
​
Since 2004
Qualified Intoxilyzer Breath Alcohol Technician
​
Since 2007
Qualified Datamaster Breath Alcohol Technician, Factory Course: Training Requirements for BAC Datamaster Supervisor Program
​
Since 2007
National College for DUI Defense, member
​
2008
Atlanta Source Code Conference
​
2011 - 2016
Continuing Education for Ontario DUI Defence Lawyers, including Intoxilyzer® Tutorials and Intoxilyzer® COBRA® Tutorials, Substantive and Professionalism Continuing Education for Defence Lawyers
​
Since 2014
Online Course Author and Lecturer:
Defense of a DUI Breathalyzer Charge by an Ontario Attorney
Canadian DUI: Over 80 Defence Lawyer Disclosure & Preparation for Cross-Examination respecting the Intoxilyzer® 8000C - Introductory Level
​
Since 2015
Online Course Author and Lecturer:
This course teaches Canadian defence lawyers the basics of defending a DUI charge.
​
Since 2014
Online Course Author and Lecturer:
DUI Defence in Canada: wet-bath simulator alcohol standard
Learn why #duisimulator temperature stability / reliability are essential to Intoxilyzer approved instrument accuracy - Intermediate Level
​
2016
Moderator of Online Live Classes for Defence Lawyers
Working Around Jackson
How to distinguish the R. v. Jackson case in the Ontario Court of Appeal
​
2016
Moderator of Online Live Classes for Defence Lawyers
How to Analyze a Breath Room Video for Operator Error and Instrument Malfunction
How to review video disclosure for indications of operator error or instrument malfunction
2016
Co-Moderator of Online Live Class for Defence Lawyers
Introduction to COBRA® Data Analysis
​
2016
Author and Lecturer of Online Course for Defence Lawyers
COBRA® 101
Detailed study of COBRA® Relevance to Issues in excess Blood Alcohol and Failure to Provide a Breath Sample cases
​
2014 - 2016
Collaboration with defence lawyers from across Canada on the subject of Forensic Metrology and Measurement uncertainty
​
2017
DUI Defense Lawyers Association, member
​
2017
NACDL "Charting a Course for the Future of Forensic Science in the Courtroom", participant in online presentation
​
2018"DRE Tutorials" In-person and Online Workshops at my Office for Experts and Defence Lawyers
​
2018"Forensic Science and the Law", attendee at Ontario Bar Association programme
​
Community Involvement:
​
1978 - 2000
St. Francis of Assisi Roman Catholic Church - Prayer Group
​
1981 - 1990
Dufferin-Peel Roman Catholic Separate School Board, Challenge Programme for gifted students, lecturer and resource person.
​
1983 - 1987
Credit Valley Hospital fundraising, Organizational Committee for "Jail & Bail", $ 130,000.00 raised.
​
1984 - 1996
St. Francis of Assisi Roman Catholic Church - Marriage Preparation Course lecturer.
​
1987 - 1994
Tender Years Co-operative Nursery School, active parent and fundraising.
​
1990 - 2006
Mississauga Ballet Association, active parent, webmaster
​
1994-1996
St. Ignatius Loyola Roman Catholic Church - Education Committee member
​
1995
St. Francis of Assisi Roman Catholic Church - Estate Planning and Powers of Attorney lecturer.
​
1997 - 1998
St. Thomas More School, Career Day Speaker
​
1998 - 2001
St. Mark School, School Council member, parish rep.
​
Starting 2003
High School and Elementary School Mock Trials, resource person
​
2010 - 2011
St. Rose of Lima School, Career Days presenter
​
Professional Workshops Provided:
​
March 1984
"Young Offenders Act", Legal Aid, Peel Family Court Duty Counsel, seminar for lawyers, facilitator.
​
March 1985
"Procedure for Review of Disposition in Peel Family Court - Section 33 of the Y.O.A.", Ministry of Community and Social Services, Probation &
Community Services, presenter.
​
October 1985
"Failure to Comply - C.S.O.", Community Service Order Co-Ordinators' Association of Ontario Annual Conference, co-presenter.
​
November 1985
"Impaired Driving Causing Death", Addiction Research Foundation, Addiction Awareness Week, Co-ordinator and participant in mock trial for students and teachers at a local high school.
​
April 1986
"Enforcement of Probation Orders", Consultation with Peel Youth Court Judges, lawyers, Court staff, and probation officers respecting procedural simplification and consistency, facilitator.
​
April 1986
"Bill 77 & the Young Offenders Act", Panel Discussion, Peel Board of Education, Staff Development, panel member
​
May 1986
"Young Offenders Act", Family Services of Peel, Adult Protective Service Workers, Quarterly Meeting, seminar leader.
​
1986 - 1987
"Show Cause Hearing", Community Professionals Forum, Child Welfare Awareness Committee of the Credit Valley Hospital, moderator.
​
December 1986
"Sentencing Under the Young Offenders Act", Peel Law Association seminar for lawyers, leader.
​
December 1986
"Sentencing Under the Young Offenders Act", Ministry of Community and Social Services, Probation and Community Services, meeting for Halton and Peel Probation Officers, seminar leader.
​
February 1987
"Young Offenders Act & Ministry of Correctional Services Act", The Salvation Army Cuthbert House, presentation for inmates serving open custody dispositions, lecturer.
​
March 1987
"Role of Counsel in YOA And CFSA Matters", Osgoode Hall Law School, York University, Children and the Law Course, guest panelist with a psychiatrist and Family Court Judge.
​
October 1987
"Representing the Adolescent: Lawyers & Staff", Critical Risk - Quality Care, International conference sponsored by Thistletown Regional Centre, workshop presenter.
​
November 1987
"YOA Present & Future", Corrections Approaching 2001, Probation Officers Association of Ontario Annual Conference, panelist with Family Court Judge & Assistant Crown Attorney.
​
April 1988
"Mock Y.O.A. Sentencing Hearing", Associated Youth Services of Peel, Video-taped demonstration for staff and volunteers including sample cross-examination of author of a pre-disposition report.
​
December 1989
"Search Strategies Using a Youth Court Database", Ministry of Community and Social Services, Probation and Community Services, meeting for Halton and Peel Probation Officers, seminar leader.
​
March 1990
"Trends in the Y.O.A.: Past, Present and Future", Associated Youth Services of Peel Appreciation Conference, workshop presenter.
​
March 1991
"Mock Askov Application", Associated Youth Services of Peel Appreciation Conference, presenter.
​
October 1993
"Law and Community Building", Panel Discussion, Sisserou Cultural Club for Dominican-Canadians, panel member.
​
January 1994
"Young Offenders Night", The Association of Parent Support Groups, Brampton, facilitator at question and answer session.
​
February 1994
"The Police Services Act", Panel Discussion, Caribbean Association of Peel, panel member.
​
September 1995
"Youth Crimes, Roles & Constraints of Stakeholders", Ontario Police College, Aylmer, lecturer.
​
April 1996
"The Law and You - School Law", Rogers Community 10 Mississauga, participant in educational television programme sponsored by the Peel Law Association "
​
1997
"Bill 160", Lorne Park Secondary School, School Council panelist
​
1997
"Bill 160", Peel Board of Education, Professional Development for Teachers, lecturer.
​
1997 - 1999
"Conflicting Interests", Rogers Cable 10, 3 Young Offenders Act TV Debates in Toronto and Mississauga against Reform Party Justice Critic, Ontario Crime Control Commission Co-Chair, Police, and Safe Schools Network
​
1998
"Wills and Estates", Dufferin-Peel R.C.S.S.B. , Professional Development for Teachers, lecturer.
​
1998
"Internet Resources for Lawyers", Peel Law Association Continuing Education, co-organizer.
​
2000
"Small Firms and Sole Practitioners", Law Society of Upper Canada, presenter.
​
2001
"Growing Pains - Youth Justice", Ontario Criminal Lawyers' Association, presenter.
​
2003
"Adult Sentences - Youth Criminal Justice Act", Ontario Criminal Lawyers' Association, presenter.
​
2003
"Evidence to the Contrary" in Excess Blood Alcohol Cases, Ontario Bar Association
​
2005
"11(b) Charter Applications - How to win them", Peel Law Association
​
2006
"Intoxilyzer 5000", Peel Law Association
​
2006
Contributor to "Controlled Alcohol Testing Principles & Practice", Forcon Forensic Consulting Services, workshop for lawyers
​
Since 2004
Frequent contributor to Industrial Training & Design Ltd., Intoxilyzer Breath Alcohol Technician course for lawyers
​
Since 2005
Frequent consultant for impaired driving lawyers and demonstrator of breath alcohol instruments for various groups of drunk driving defence lawyers
​
2008
"Carter Defences Post Bill C-2", Law Society of Upper Canada, 6-Minute Criminal Law Lawyer, presentation
​
2008
"C-2: Not a Defence", Ontario Criminal Lawyers Association, Annual Conference, The Science of Crime, panel member
​
2010
Toronto Intoxilyzer 8000C Update, hands-on programme for lawyers and experts, co-host and presenter, extensive collaboration of experts from Canada and the United States in preparation for introduction of the instrument into Ontario
​
2010
Atlanta Multi Device Breath Testing Mega Course, presenter on Freedom of Information applications as an aid to analysis of Crown Disclosure
​
Since 2011
Intoxilyzer Tutorials in Mississauga and Ottawa, Advanced Continuing Professional Development for Ontario DUI lawyers including a professionalism, ethics, and practice management component approved by the Law Society of Upper Canada
​
2011
Intoxilyzer Tutorial, Advanced Continuing Professional Development for Quebec DUI lawyers involved in the constitutional litigation R. v. St. Onge-Lamoureux
​
2013
Toronto, Intoxilyzer 8000C Update, hands-on programme for Ontario, Maine, and Washington lawyers and experts, co-host and presenter
​
Since 2014
COBRA Tutorials in Mississauga and Ottawa, Advanced Continuing Professional Development for Ontario DUI lawyers including a professionalism, ethics, and civility component approved by the Law Society of Upper Canada
​
2018
DRE Drug Recognition Expert Tutorials - Live and cross-Canada online events at my office for defence lawyers in preparation for Bill C-46, experts included Ben Joseph, David Rosenbloom, and Dr. Joel Mayer
Reported Cases Where Counsel:
​
G v. M
[1981] O.J. No. 1817
Enforcement of interprovincial maintenance order
​
R. v. Michael Joseph R.
9 W.C.B. 453, [1983] O.J. No. 675, (Ont. P.C.)
Prohibition on use of cautions and contacts in juvenile sentencing under JDA, Magna Carta in Canadian law
​
C.A.S. v. S.L.
[1983] O.J. No. 2040
​
R. v. J.N.
[1984] O.J. No. 671
Does Ontario have Youth Court Judges? Challenge to Jurisdiction under YOA
​
R. v. G.M
(1985) 24 C.C.C. (3d) 288, (Ont. P.C.)
[1986] O.J. No. 2755, (Ont. H.C.)
Constitutional Validity of section 33 of the Young Offenders Act.
​
R. v. M.(J.)
[1986] O.J. No. 1665, (Ont. P.C.)
Defence to being habitually absent from school
​
R. v. M.(T.E.G.)
[1987] O.J. 1893 (Ont. P.C.)
Search and seizure in youth's bedroom by foster parent
​
C.A.S. v. B.(C.)
[1988] O.J. No. 2386
​
R. v. J.(J.)
(1988) 43 C.C.C. (3d) 257, 65 C.R. (3d) 371 (Ont. C.A.), leave to appeal to S.C.C. refused April 6, 1989
Applicability of section 56(2) of the Young Offenders Act to victim's witness statement in sexual abuse public mischief case.
​
R. v. M.(I.A.)
[1991] O.J. No. 837 (Ont. P.C.)
YOA statement issues, acquittal on charges of conspiracy to murder and counselling murder
​
R. v. M
[1993] O.J. No.894, (Ont. P.D.)
Counsel for Crown, right to counsel and exclusion of evidence
​
CAS of Peel v. V.P.
[1994] O.J. No. 1800, (Ont. P.D.)
Counsel for Child, Charter application on behalf of child, jurisdiction issue lack of notice
​
R. v. O.S.
[1995] O.J. No. 2174, (Ont. P.D.)
Sentencing for robbery armed with a knife
​
R. v. I
[2000] O.J. No. 2764, (Ont. C.J.)
Need for interpreter in understanding right to counsel and breath demands
​
R. v. C
[2003] O.J. No. 3161, (Ont. C.J.)
Defective Notice re Certificate of Analysis
​
R. v. B
[2003] O.J. No. 3164
Information a nullity because marihuana possession not an offence known to law, Magna Carta in Canadian law
​
R. v. D
[2004] O.J. No. 1509
Reason for the Stop driving out of a bar, Right to Counsel on Detention
​
R. v. H
[2004] O.J. No. 3253
Unreasonable Delay, Challenge to Adult Brampton Blitz Court
​
R. v. H
[2004] O.J. No. 3254
Arbitrary Detention and Search at Seatbelt Stop
​
R. v. A
[2004] O.J. No. 5189
Bail Hearing Evidence, Probative Value
​
R. v. C
[2005] O.J. No. 6198
Right to Counsel of Choice, Access to Palm Pilot and Internet Yellow Pages
​
R. v. C
[2005] O.J. No. 6204
Impaired driving Evidence, Defence Video Images of Traffic and Survey of 1 km of Roadway
​
R. v. C.A.
[2005] O.J. No. 1545
Unreasonable Delay, Challenge to Brampton Blitz Court, Youth Court
​
R. v. C
[2005] O.J. No. 3037
Disclosure, Intoxilyzer and Simulator Maintenance Log
​
R. v. I
[2006] O.J. No. 5578
Systemic Delay, Toronto Old City Hall Overbooking by Trial Co-ordinator
​
R. v. N
[2006] O.J. No. 4914
Standard Alcohol Solution Stability and Expiry Dates
​
R. v. F
[2008] O.J. No. 3211
Gap principle in sentencing, 11 year gap after multiple priors
​
R. v. W
[2009] O.J. No. 332
Fail to remain, grounds for arrest
​
R. v. K
[2009] O.J. No. 1084
Care or Control, vehicle inoperability, 258(1)(a) presumption
​
R. v. B et. al.
[2010] O.J. No. 2302
Disclosure under Bill C-2, complex constitutional issues, 4 Orangeville DUI cases resulting in three careless driving resolutions and one licence prohibition reduction from 12 months to three months
​
R. v. F
[2011] O.J. No. 2928
Ventolin inhaler interferent effect, alcohol standard log breach of protocol, observation deprivation period
​
R. v. M.
2013 ONCJ 230 Quality Assurance and Quality Control during hospital blood analysis following MVC, blood evidence of blood alcohol concentration, fatality case dealt with as impaired / over 80 / dangerous simpliciter
​
R. v. W
2013 ONCJ 407 Availability of approved instrument to defence Bar and independent experts, use of #duisimulator by qualified technician
​
R. v. O
2014 ONCJ 440
Disclosure of complete (55 fields wide and full sequences) COBRA data in native raw text format rather than paper or pdf
​
Publications:
Abramovitch, R., Higgins-Biss, K., and Biss, S., Young persons' comprehension of waivers in criminal proceedings., Canadian Journal of Criminology, July 1993. 309-322.
​
Biss, S. and Afzal, A., "What Do You Do with the DUI Disclosure Once You've Got it?", Criminal Lawyers Association: FOR THE DEFENCE • VOL. 43 • NO. 4 39 , August-September 2023, at p. 34.
​
​
​
Forcon Controlled Alcohol Testing: Alcohol Absorption, Distribution and Elimination Studies
