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w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 5 49 idation, and training are required to ensure that results are scientifically valid and reli- able before use in a court of law." Currently, the Centre of Forensic Sci- ences is the only institution in Canada using the rapid DNA technology for testing purposes, according to the centre's direc- tor Anthony Tessarolo, who says his office purchased the technology this year. "We see this as a trend; we see this as a direction that forensic science and forensic DNA testing is likely to go. We want to be in front of it, so innovation is one of our key values." Advancement in DNA technology has meant distinguishing among individuals to a very high degree and being able to gener- ate full DNA profiles from tiny samples. "From an investigator's standpoint, we want all of that. We want the discriminating power, we want the sensitivity, but we also want it fast," says Tessarolo. Tessarolo emphasizes, however, that the Centre for Forensic Sciences wants to know the technology intimately before making recommendations about its use by police agencies. "We want to make sure we've done the rigorous testing, we've identified what the scientific limitations are behind it so that our investigators, police agencies, are not the guinea pigs," he says. "Some- times, when new technologies come to market, it's the police, the investigators that become the guinea pigs." The centre is now testing the device on what are called comparison DNA samples, which have been collected on consent or through court orders. With those samples, sample size and quality are not of concern, explains Tessarolo. The next step would be to test the device on discarded samples, such as cigarette butts and napkins thrown into garbage bins, which would be more challenging. Finally, it will test the rapid DNA technology on the most challenging of samples — those collected from crime scenes. Currently, there is no software stan- dard for the making of digital devices that produce evidence in court, says Sebastian Fischmeister, an associate professor at the University of Waterloo's department of electrical and computer engineering. Fis- chmeister, whose work is around building software for automotive systems, medical devices, and avionics, also provides expert opinion on the reliability of software used in devices used to produce evidence for forensic use. If admissible in court, the rapid DNA technology will be "an entirely new device" to enter courtrooms, says Fischmeister. The description of the device mostly details the safety of the hardware for mobile use, he adds, but he has so far seen nothing that shows the standard followed for software development that would ensure reliable results. "You're not allowed to fly an aircraft in Canada, or put an avionic model in an aircraft, if it hasn't been approved by Trans- port Canada. You're not allowed to sell a medical device if it has not been approved by Health Canada and you don't have a licence for it, whereas you're perfectly fine to sell whatever device produces or claims to produce evidence in court," says Fisch- meister. "There's no licence for it, there's no standards for it, there's no regulator for it." That's unlikely to change, he says, as long as judges continue to accept evidence from devices that didn't follow a mandatory standard. .ca TAKE A TOUR OF TIF-FYQFSUDBNFEJBQMBUGPSNXPSLTUPIJHIMJHIU-FYQFSUSBOLFEMBXZFSTBOEMBXȮSNTBOEUIFXPSLUIFZEPUPBDPWFUFEUBSHFU BVEJFODFJODMVEJOHJOIPVTFDPVOTFM$4VJUFFYFDVUJWFTMBXȮSNQBSUOFSTBOEBTTPDJBUFTBOEPUIFSMFHBMQSPGFTTJPOBMTNBLJOH -FYQFSUDBBOVOQBSBMMFMFEUPPMGPSCVTJOFTTEFWFMPQNFOU We invite you to visit Lexpert.ca. INCLUDING: • Lexpert Magazine (now residing on Lexpert.ca's home page) • Canadian Legal Lexpert Directory • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada • Lexpert CCCA Corporate Counsel Directory & Yearbook • Lexpert Special Editions (in the ROB) and Guides PLUS: • %FBMTDPWFSBHFGPVOEJOUIF%FBMT8JSFFOFXTMFUUFS • Information on Lexpert courses and webinars • "XBSETBOEFWFOUTVQEBUFT Custom-designed for Lexpert-ranked lawyers, law ȮSNTBOEUIFJSDMJFOUT-FYQFSUDBCSJOHTUPHFUIFS all Lexpert media properties in one portal. Untitled-4 1 2015-10-29 1:14 PM

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