Firearms Analysis

Question 1

What is the definition of a firearm as per the Criminal Code?

Answer 1

A weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.

Question 2

What must the Crown prove about firearms?

Answer 2

That the weapon IS a firearm

Question 3

Does an expert need to be called when there is a certificate of analysis?

Answer 3

No.

Question 4

What areas of firearms cases may experts need to be called?

Answer 4

Availability of parts to make the weapon operable as a firearm
Cartridge linking

Question 5

What was the PCAST conclusion relating to firearms analysis?

Answer 5

Foundational validity: NO
Validity as applied: If admitted, must be reported with error rates and disclosure of expert proficiency testing results

Question 6

What was the charge of interest (in class) in R. v. Donison?

Answer 6

Handgun with serial number removed found inside the radiator in the kitchen of an alleged stash house.

Question 7

What was the overarching issue in R. v. Donison?

Answer 7

Did any of the 5 defendants possess the firearm?

Question 8

What was the relevance of the expert evidence in R. v. Donison?

Answer 8

To show that firearm discharged was the same firearm seized from the alleged stash house.

Question 9

What was the forensic expert called in for R. v. Donison qualified to give opinion evidence on?

Answer 9

Firearm cartridge linking

Question 10

What was the opinion of the expert in R. v. Donison?

Answer 10

Both casings were fired from the same gun and it was identified within the limits of practical certainty.

Question 11

What did the court agree upon with respect to Ms. Plath, the firearms expert in R. v. Donison?

Answer 11

Her opinion was subjective
No specific number of agreements between the two items for her to conclude a match

Question 12

What was a limitation Ms. Plath discussed about firearm analysis in R. v. Donison?

Answer 12

There is no discipline-wide error rate and the existing validation studies only relate to particular models

Question 13

What was the conclusion of the court in R. v. Donison?

Answer 13

Court not prepared to conclude a “match”

Question 14

What did the court find in R. v. Creary?

Answer 14

Firearms expert evidence is admissible and reliable
The firearm Creary had and pointed at arresting officer is same gun used in shooting.

Question 15

What was Ms. Plath’s opinion in R. v. Creary?

Answer 15

All 5 cartridges were fired by the same gun that fired the test round.

Question 16

What was Ms. Plath’s statement of confidence in R. v. Creary?

Answer 16

Confident to a “practical certainty”

Question 17

What did Ms. Plath acknowledge about her analysis in R. v. Creary?

Answer 17

There are both subjective and objective components

Question 18

What was the verification process in Ms. Plath’s analysis in R. v. Creary?

Answer 18

Another qualified CFS scientist did a double-blind verification with same result.

Question 19

What was the error rates discussed by Ms. Plath in R. v. Creary?

Answer 19

Not possible to assign one to work done at CFS.
But accuracy of scientific method has been validated through many studies, all between 0-2% error rates.

Question 20

What was the opinion of the judge in R. v. Creary about Ms. Plath’s use of “within the limits of practical certainty”?

Answer 20

Not meaningless.
Absolute certainty is scientifically impossible and is not a legal standard.

Question 21

Describe the differences in ideas of Ms. Plath’s proficiency testing in Creary vs Donison

Answer 21

Donison: no evidence she had undergone any, but she wasn’t asked
Creary: testified proficiency testing is part of CFS quality assurance program

Question 22

What was the issues surrounding the use of PCAST by the judge in R. v. Donison?

Answer 22

Unsure how it came to be in front of the judge
Not an exhibit in the case
Ms. Plath was not questioned about it

Question 23

What was the opinion of Ms. Plath in R. v. Hadi?

Answer 23

Three cartridge casings at the scene came from the same gun within the limits of practical certainty?

Question 24

What was the opinion of the court as to Ms. Plath’s conclusions in R. v. Hadi?

Answer 24

Defence did not take issue with Plath’s conclusions
Court relied upon conclusions

Question 25

What were the differences in R. v. Hadi vs Donison?

Answer 25

Testified about annual proficiency testing
Detailed evidence about error rates and validation studies
Qualifications of verifying scientist outlined

Question 26

What did the judge in R. v. Hadi find different than the judge in R. v. Creary?

Answer 26

PCAST report not necessary to be submitted as evidence. Similar to recommendations of a commission of inquiry
Not binding but could be helpful to the court.