VIML 2.12

verification of a measuring instrument which
has not been verified previously

In Canada, the Alcohol Test Committee has said in its 2020-05-29 "Best Practices":

"All Approved Instruments, Approved Screening Devices and accessory equipment intended for
active use in the program shall be individually inspected before being placed into service, and
periodically thereafter, to ensure that they initially meet, and continue to meet the
manufacturer’s specifications. The recommended interval between inspections is one year. All
inspections shall be performed by persons deemed by the Program Director to meet the
qualifications described in paragraph III.C. below. Accessory equipment includes simulators
or other equipment required for the use or calibration of Approved Instruments and Approved
Screening Devices."

Note the words: "shall be individually inspected before being placed into service".

The reliability of the measurement result of a particular approved instrument (with a unique serial number) depends, inter alia, upon the calibration curve (for each system but particulaly the ethyl alcohol quantitative analysis system) established at the factory or at a factory-authorized re-calibration. The reliability of the measurement result of a particular approved instrument (with a unique serial number) does not, in science, depend on its "type or kind" i.e. its model number and listing in the Attorney General's Regulation. This important distinction between good metrological science and Canadian Criminal Code section 320 law represents a serious flaw in Canadian forensic science. Lawyers, Judges, and students need to be aware of this flaw.