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:

Excerpt: April 2019 Defence Tutorial on section 320.31 of the Criminal Code of Canada, Bill C-46, and the Intoxilyzer 8000

© 2020 Allbiss Lawdata Ltd. All rights reserved. This is not a government web site.



For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.


Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.
DrugTest® 5000 is also a registered trademark of Draeger Safety, Inc.. DrugTest® 5000 is "approved drug screening equipment" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.