Toxicology Lab

• The Defence Questionnaire
• The Essential Q & A for your “Over 80” Clients
• Archived newsletter

The Defence Questionnaire | Top of page
By Brian Hodgson, M.S.C.
(613) 745-6741
bhodgson@accidentaljurist.ca

As chief scientist of toxicology services for the RCMP forensic services unit, Brian T. Hodgson provided the RCMP with scientific opinions on countless forensic issues. Now as a private consultant, he is assisting civil and criminal lawyers both inside and outside the courtroom.

The role of alcohol and other drugs in criminal charges with possible subsequent civil actions is widely appreciated, especially in motor vehicle operations. What is less appreciated is the type and extent of background information required to accurately assess the impact of these substances on human behaviour and performance. Forensic toxicologists specialize in assisting the courts assess and interpret the technical information gathered and documented. Police investigators gather information about a case including possible alcohol or drug involvement. For driving cases they very often use specific forms, such as an Alcohol Influence Form, which details information about the appearance, behaviour and mental state of an accused perceived to be under the influence of alcohol or a drug. These forms have a series of questions to be asked of an accused person regarding alcohol consumption, medical conditions, and drug ingestion on the date of offence.

Accused persons, however, are not obliged to answer any of the police questions. In driving situations, motor vehicle operators are often very reluctant to answer any police questions about drinking or drug ingestion. In subsequent court action accused persons may find that their recall of the events is an important element in their defence. Thus a form detailing such information for the use of their counsel may be quite valuable. Such a form has been developed: a Toxicology Information Questionnaire which defence counsel can use to systematically gather information in a consistent and comprehensive manner. Counsel can either ask the questions or have an accused person fill out the Questionnaire. In either situation it is essential for counsel to ensure that the information is as complete and accurate as possible since forensic toxicologists require complete data to provide meaningful interpretations of alcohol and drug concentrations in the body.

The Essential Q & A for your “Over 80” Clients | Top of page
By Brian Hodgson, M.S.C. 
(613) 745-6741
bhodgson@accidentaljurist.ca

In my first column, a Toxicology Information Questionnaire was described for gathering details pertaining to a person charged with an impaired driving offence.

The Questionnaire is a two-page form - one sheet, double sided – for ease of completion. For impaired operation by alcohol or a drug and over 80 charges under the Criminal Code, I need the following information:

• The person’s gender, age, weight and height.
  
• The specific type of alcoholic beverage(s) consumed.
  
• The quantities of alcoholic beverage(s) and the time intervals over which they were consumed (start and stop times).
  
• Any consumption of food.
  
• Consumption after the time of offence, e.g., accident situations.
  
• Any medications or other drugs taken in and around the time of incident.
  
• Any disease or illness condition at the time.
  
• Driving cases: results from roadside testing, evidential breath alcohol testing, or blood samples.
  
• The accused’s past history of alcohol consumption:
  number of years, frequency of drinking and quantities consumed on each occasion.
  
• Past history of medications taken or other drug use.
  
• Self-assessment by person as to degree of intoxication.
  
• Person’s ability to recall events of the date in question.

Such information is valuable in assisting me evaluate the extent to which alcohol and drug ingestion has influenced the actions and behaviour of an accused person.

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