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THC / 8000C / 320.31 / Tutorials

April 12, 2019

Ottawa, ON

On April 12, 2019, 12  criminal defence lawyers met in Ottawa, Ontario to learn all they could about cannabis, THC, CBD, and metabolites. We learned about the theory of operation and the limitations of the Draeger DrugTest 5000, a device that has been designated as Approved Drug Screening Equipment. We discussed the potential for false positives. Our guest expert was Ben Joseph. The recording of his presentation is about 2 hours in length and is suitable for Ontario substantive CPD.
In the afternoon, participants were able to use an Intoxilyzer 8000 and a Guth 2100 wet-bath simulator hands-on. We  studied actual alcohol standard. Our focus was  on defences based on the conditions precedent to Criminal Code section 320.31 conclusive proof. The recording of the Intoxilyzer / 320.31 presentation is about 2 hours in length and is suitable for Ontario substantive CPD.
Participants also had access in the materials to 4 hours of "primer" video recordings of previously recorded classes. The recorded primer classes include:
Primer on Intoxilyzer Sequences, February 12, 2019
Primer on Drug Recognition Evaluation, February 19, 2019
Primer on Section 320 of the Criminal Code, February 25, 2019
Primer on Stipo, Sukhdeo, and Sutherland re DRE rolling logs and use of data, April 8, 2019
Recordings of these sessions are now available to defence lawyers
$350 plus HST for all of these April 12, 2019 and primer on-demand recordings and materials
Defence Lawyers, Articling Students, or Experts in Private Practice Only
Application  can be downloaded here in both Word and pdf formats:

Tutorial on THC Metabolites

by Ben Joseph, M.D.

Distinctions among the s. 320.28(5) Categories of Drugs

  • (a) a depressant;

  • (b) an inhalant;

  • (c) a dissociative anaesthetic;

  • (d) cannabis;

  • (e) a stimulant;

  • (f) a hallucinogen; or

  • (g) a narcotic analgesic.

THC and  metabolites of THC

Elimination rates

Immunoassay detection of THC and metabolites

Drager 5000 Drugtest, Approved Drug Screening Equipment


Hands-on Intoxilyzer Tutorial on Conditions Precedent to s. 320.31  BAC Presumption

by Stephen R. Biss, Barrister & Solicitor and Muhammed Adel Afzal, Barrister & Solicitor


Hands-on Intoxilyzer 8000 refresher

Strict legal construction of section 320.31 conditions precedent

"Approved Instrument"

Air Blank

  • Demonstration on Intoxilyzer 8000

  • Floating zero and purge fails in the Training Aid

  • Fudging the air blank to avoid a non-000 or an ambient fail alarm


System calibration test

  • Difference between calibration and control test

  • Which "system" is being checked?

  • Application to failure to blow cases

  • Traceability of the alcohol standard

  • Continuity of the alcohol standard

  • Demonstration of changing wet-bath standard using Guth simulators

The following is a 3 minute excerpt from the Intoxilyzer 8000 / 320.31 presentation:

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