Port Moody Police and Improperly Calibrated ASDs
We receive many calls each week regarding the ASDs in Port Moody and the problem with their calibration. We have not had confidence in the government to address the issue, so in October we took the problem directly to the media.
Although we have many concerns with the BC Government’s Immediate Roadside Prohibition scheme, one of its most glaring faults is the reliance on Approved Screening Devices to collect evidence. The law in Canada has been that the results of such a test could only be used to form just cause for further detention and grounds to demand further samples of blood or breath. When the government introduced the Immediate Roadside Prohibition law, it implicitly claimed that it is exempt from that rule.
In Autumn 2010, police forces in BC purchased over 2000 additional Approved Screening Devices, and implemented a massive campaign of roadblocks and alcohol check stops. In BC the only device now used is the Alco-Sensor IV. We have three of these devices and all of the police equipment used to calibrate them. As a result, we understand the rules governing proper operation and calibration of the devices, and how easily mistakes can be made.
The most common method of calibration in BC is by using a special gas canister designed to provide a certain result depending on atmospheric pressure and altitude. To be considered reliable, an electronic tester called a True Cal gives a reading indicating what the ASD should read if properly calibrated. We use a True Cal II and a gas canister designed to give a reading of .082mg%.
The more reliable calibrating method, in our opinion, is with a wet-bath simulator. We have a Guth wet-bath simulator, which is the most common in BC police detachments. It is more reliable because the solution used to test for calibration is analyzed in batches by an RCMP lab to ensure it meets particular standards.
In Port Moody the police use a wet-bath simulator. The directive concerning how many calibration tests may be conducted with each bottle of solution states clearly that no more than 16 test samples are to be taken from one bottle of solution. We were suspicious of the calibration procedure and we became certain that the ASDs in Port Moody were not being properly calibrated. Our investigation revealed that in Port Moody they were conducting at least 18 and up to 50 tests with each bottle of solution. This is clearly wrong and requires no further investigation to sort out the problem.
When the story hit the papers, the Port Moody Police stated that they were conducting an investigation. Over a month has gone by and to date they have not given any indication of what steps they will take to rectify this matter. Simply put, for all we know each device in Port Moody has been improperly calibrated.
To put things right, in our view every person who received an IRP from a device in Port Moody should be properly compensated and receive an apology. Nevertheless, we have no confidence that things will be put right.
Tragically, our investigations have caused us to conclude that improper calibration is a common occurrence in many police detachments in the province. Consequently, thousands of people have received IRPs after blowing into improperly calibrated ASDs.
To date the government has been silent on this issue. It seems that the BC Government is not interested in the integrity of the scheme it invented – only the political points it can achieve. No legislation has ever been proposed to ensure ASDs are properly used, calibrated or functioning as intended.
