CSFS Position paper on the Logical Approach

I recently published an editorial in the Journal of the Canadian Society of Forensic Science.  Two versions were published almost simultaneously (the original written in English and a translation in French) entitled, respectively, “CSFS Document Section Position on the Logical Approach to Evidence Evaluation and Corresponding Wording of Conclusions” and “La position de la Section des documents de la SCSJ sur l’approche logique de l’évaluation de la preuve et le libellé des conclusions”.

I wrote these in my capacity as the sitting chairman of the Documents section of the CSFS, on behalf of the members of that section.  The impetus for writing them was to introduce the “logical approach” and related topics to the Canadian forensic community in a ‘formal’ way (hopefully resulting in ongoing discussion) and to provide the public and the courts with the perspective of forensic practitioners who have reviewed the literature and studied this issue in depth. To that end, the document references many initiatives relating to the topic. I will note that it’s not a perfect document but it covers the main points reasonably well.

Please note that this position paper was first written a few years ago.  There was considerable delay in publication relating to the production of an acceptable French-language translation of the document. I must thank Julie Binette who was invaluable in that process. The delay, however, means the references provided in the paper are not fully up-to-date with the very latest developments in this area.

Nonetheless, that shortcoming doesn’t detract from the position expressed.  Today there is even more support and justification than is outlined in the paper. 

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Certification — ABFDE

What is certification? In my opinion professional certification is a designation that indicates the holder of the certification has appropriate and adequate qualifications to do some particular, generally well-defined, job or task. As an example I am a forensic document examiner and I have received professional certification from the American Board of Forensic Document Examiners, Inc.

Certified

An internet search for ‘certification’ produces a huge list of possibilities, with more such programs being developed all the time as people become attuned to issues of quality and competency. Indeed, almost every profession has some type of certification and a few have several (consider all of the ‘certifications’ in the computing industry). Most, if not all, certification programs are aimed at improving the quality in a given profession by setting minimum standards for the job. The basic idea is that someone meeting or exceeding those standards will produce quality output on the job. Certification programs are generally created or are administered by a professional society, a college or university, or some private body set up expressly for that purpose.

Forensic Document Examination is no exception so it may be worthwhile discussing certification options as well as the pros and cons that I see for those options.
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R. v. Mohan — Canada’s Daubert

It is safe to say that pretty much everyone working in the forensic sciences has heard of the Daubert ruling or, more specifically, Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).1 It was a pivotal ruling that, together with two subsequent rulings General Electric Co. v Joiner, 522 U.S. 136 (1997)2 and Kumho Tire Co., Ltd. v Carmichael, 526 U.S. 137 (1999),3 has greatly affected many legal jurisdictions in the United States. And, as is often the case, what happens in the USA also tends to have influence elsewhere.

A few years later in Canada there was a key Supreme Court of Canada ruling that addressed admissibility of forensic expertise — R. v. Mohan, [1994] 2 S.C.R. R. v. Mohan — Canada's Daubert 9.4 That is the ruling which laid out the test for the admissibility of ‘novel’ expert evidence (see Mohan, page 4) in Canada. Subsequently, the factors explained in that ruling have been applied, just as those in Daubert were, to many types of traditional forensic science evidence. It is rather ironic that rulings intended to liberalise the admission of new (and potentially) helpful evidence would lead to challenges of all forms and types of evidence.
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