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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


Downloaded Data is a Key Source of Information to Find Out Reason for Re-calibration
The approved instrument referred to, in the case below, was sent out for a recalibration, a few days after the client's subject tests. We...
Stephen Biss
Jan 26, 20182 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


Durability Over Time
Purpose: To obtain admissions respecting the inadequacy of ATC / CFS recommendations in requiring "stability of metrological...
Stephen Biss
Jan 18, 201810 min read


Each Test Stands on Its Own
Sample cross-examination on the ATC and CFS Position Paper policy that every test stands on its own - that "reliability" has nothing to...
Stephen Biss
Jan 17, 20185 min read


All of the Software is Legally Relevant
Purpose: To establish that the international literature indicates that all of the approved instrument's software is legally relevant to...
Stephen Biss
Jan 17, 20184 min read


International Std OIML R126 Mandates Maximum Permissible Error
Sample Cross-examination of CFS expert on OIML standard R126 (2012) respecting maximum permissible error in evidentiary breath...
Stephen Biss
Jan 16, 20185 min read


Is an Approved Instrument Really a Screening Device?
Purpose: To suggest that an AI is a quantitative analysis instrument and an ASD is a qualitative analysis instrument and suggest that the...
Stephen Biss
Jan 15, 201813 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


Federal Government Policy and Mandatory Calibration Intervals
Purpose: To obtain an admission that the ATC Position Paper of 2012 contradicts the federal government policy in the Fairness at the...
Stephen Biss
Jan 14, 20182 min read


Control Tests do not displace Formal Calibration Intervals
Purpose: To separate conceptually control tests from calibration To obtain an admission that there are no "assessors" in the province of...
Stephen Biss
Jan 13, 20187 min read


R. v. Vallentgoed Distinguished on facts - Short Calibration Interval
Purpose: To obtain admissions from the Crown expert to enable argument that Vallentgoed can be distinguished on its facts - particularly...
Stephen Biss
Jan 13, 201817 min read


Short Calibration Interval and Reliability
Why is disclosure of information about the "calibration" of the approved instrument essential to any assessment of the reliability of a...
Stephen Biss
Jan 12, 20184 min read


Linearity Studies are Done on New Instruments not Aging Instruments
Purpose: To obtain admissions that the published studies dealing with the linearity of approved instruments assume a new instrument...
Stephen Biss
Jan 12, 20182 min read
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