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Verification of Digital Thermometer
Although not stated in the 8000C Training Aid, CFS scientists seem to be in agreement, that it is recommended that a NIST mercury...
Stephen Biss
Dec 3, 20212 min read


What is the simulator manufacturer's specification for simulator temperature?
With respect to the Guth 2100 wet bath simulator, 34.00 +/- .05 C is the manufacturer's specification. You will find this information in...
Stephen Biss
Mar 18, 20202 min read


Purchase the Guth 2100 Operational Manual
Defence lawyers should purchase a copy of the manufacturer's manual for the wet-bath simulator used in their jurisdiction.
Stephen Biss
Feb 17, 20201 min read


Simulator is necessary "Accessory Equipment" that requires inspection and re-calibration
A wet-bath simulator is "accessory equipment" according to the ATC Best Practices document. A wet-bath simulator requires annual...
Stephen Biss
Feb 14, 20203 min read


Wet-bath Simulator Serial Number
Always ask for the serial number of the wet-bath simulator used by the Qualified Technician for your client's subject tests.
Stephen Biss
Feb 10, 20202 min read


Science Evidence v. Technolgy Evidence
When qualifying an expert witness, Courts need to carefully consider the scope of expertise of the expert. Sometimes it is convenient for...
Stephen Biss
Oct 19, 20189 min read


Purpose of disclosure or production of maintenance records and data
What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Government...
Stephen Biss
Sep 28, 20184 min read


Toxicology Letter of Opinion Without Accreditation
For purposes of this sample cross-examination it is assumed that the cross-examiner has already laid the groundwork of the findings and...
Stephen Biss
Sep 26, 20187 min read


2012 ATC Position Paper Built Upon Hypothesis Without Empirical Evidence
Purpose: To obtain admissions that the opinion of the Crown expert (and indirectly the 2012 ATC Position Paper) that single point control...
Stephen Biss
Aug 20, 20189 min read


OIML R126 is the International Standard for Evidential Breath Analyzers
Interesting things about R 126: It exists and yet Canadian Judges and lawyers don't know about it, notwithstanding the fact that it is an...
Stephen Biss
Aug 14, 201810 min read


The 2012 ATC Position Paper is Not a Scientific Article
Purpose: To obtain admissions that the 2012 Alcohol Test Committee Position Paper: - is a position paper -is not a scientific article -is...
Stephen Biss
May 30, 20183 min read


Maybe the Instrument Is No Longer Linear Enough to Be An "8000C"
Purpose: To explore the analytical variability of the 8000C as determined by the Alcohol Test Committee during evaluation of the 8000C...
Stephen Biss
May 22, 20185 min read


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


BAC Analysis in a Lab Without Bracketing Controls is at Best Qualitative not Quantitative
We have a serious problems in the Canadian criminal justice system. One of them is the failure of Parliament and the Courts to recognize...
Stephen Biss
Apr 27, 20184 min read


Relevance of Contemporaneous Documentation by Inspector Taking Instrument Out of Service
Let's suppose that as a result of a disclosure request or Freedom of Information application you find an electronic or paper document...
Stephen Biss
Apr 20, 20184 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


ABA Sequences v ACA Sequences
Purpose: To explain to the Court, the differences between ABA (Esc Esc B) and ACA (Esc Esc C) sequences To confirm that ABA sequences are...
Stephen Biss
Apr 5, 20182 min read


3 Consecutive Annual Inspections Reveal a Trend Towards Unreliability
Let's suppose that you obtain, as the result of disclosure or a Freedom of Information application of paper or electronic documents,...
Stephen Biss
Apr 4, 20185 min read


Police Fail to Correct a Linearity Problem on In-House Annual Inspection
Let's suppose that you obtain disclosure or Freedom of Information documents respecting In-house Periodic Inspections by your local...
Stephen Biss
Mar 29, 20186 min read
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