This document discusses best practices for sampling and analysis in prosecutions. It addresses topics such as ensuring adequate and representative sampling, proper handling and transportation of samples, using qualified labs and analysts, implementing quality control measures, interpreting results in light of relevant benchmarks, and considering special issues like field variables, noise, odor, and lay evidence. The goal is to obtain reliable results that can withstand scrutiny in court.
keynote address to the Western Canada Hazmat conference, October 10, 2012, Saskatoon, on shared authority and shared risk, controversial areas in environmental law
keynote address to the Western Canada Hazmat conference, October 10, 2012, Saskatoon, on shared authority and shared risk, controversial areas in environmental law
2. Overview
Sampling
Analysis
Reporting
Special Cases
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3. Reliable results
Clear official rules
Thorough training
Meticulous attention to detail
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4. Adequate samples?
How many samples?
Statistically valid?
Correct locations?
Correct tool?
Correct container?
Quantity?
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5. Samples representative?
Cross contamination?
Purged/ non purged?
Multiple layers/ levels?
Time of year?
Composite samples?
Capture volatiles?
Limited access?
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6. Heterogeneous solids
Difficult to sample accurately
Especially mixed wastes
Must match statutory test
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7. Selecting samples for analysis
For what parameters?
Are correct samples analysed?
Field evidence reasonable?
Preserved?
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8. What happens to the sample?
Correctly preserved?
Correctly transported?
Chain of custody?
Proper record keeping?
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9. Analysis
Lab qualified for that particular analysis?
Qualified analyst?
Using correct method?
Sample suitable?
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12. Quality assurance/ control
QA/ QC
Field blanks
Travel blanks
Duplicates
Calibration
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13. Reliability of result
Good record keeping?
False precision?
Method detection limit
Dilution/ masking
Judgment required?
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14. Reporting
Official certificate
Correct form, correctly completed?
Chain of custody
Statute may make admissible
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15. Appropriate benchmark
Often contentious
Especially if drawing on other jurisdictions
Statute may determine
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16. Relevance of result
Background?
Natural variability?
Forms of contaminant
Arsenic/ arsenate
Chromium: hexavalent v trivalent
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17. Special cases:
Field variables
Noise/ Vibration
Odour
Lay Evidence
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18. Field variables:
pH
Temperature
Volatiles
Opacity
Wind direction/ speed
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19. Noise/ Vibration
Completely different
Unique expertise and equipment
Measured on site
Logarithmic scale
Excess over background?
Level, impulse, tone
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20. Odour
Samples taken
Panel of “trained noses”
Reproducibility?
“Odour units”
Detection/ identification/ objection
Strong emotional element
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21. Lay evidence
Accurate record keeping?
Credible?
Independent?
Corroboration
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22. Reliable results
Clear official rules
Thorough training
Meticulous attention to detail
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23. Thank you!!
Saxe Law Office
248 Russell Hill Road
Toronto, Ontario M4V 2T2
Tel: 416-962-5882
Fax: 416-962-8817
Email: admin@envirolaw.com
www.envirolaw.com
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