Stephen R. Biss, B.A., LL.B.
Retired Lawyer
|
Curriculum Vitae
Stephen
R. Biss
905-273-3322
Index
- Education:
1978
- 1979
|
Law Society of Upper Canada, Bar
Admission Course
Called to the Bar: April 5, 1979
|
1974
- 1977
|
University of Ottawa,
Faculty of Law, LL. B. Cum Laude: May 26, 1977
|
1971
- 1974
|
University of Toronto,
Faculty of Arts and Science, B.A. with Grade A Standing: June 6, 1974
|
1966
- 1971
|
Michael
Power High School, Etobicoke, Ontario Scholar: August 1971
|
-
Return to Stephen R.
Biss home page
Professional Employment:
1980
- 2022
|
Stephen
R. Biss, lawyer, sole practitioner
|
1979
- 1980
|
M.
Gogek & Associates, lawyer, associate
|
1977
- 1978
|
M.
Gogek & Associates, student-at-law
|
1977
|
Crown
Attorney's Office, Brampton, student-at-law
|
Return to Stephen R. Biss home page
Professional Experience:
|
|
1979
- 2022
|
Private Law
Practice in Mississauga
|
1979
- 2001
|
Peel
Provincial Court (Family Division), duty
counsel panel.
|
Since
1979
|
Peel
Law Association, member.
|
1979
- 1995
|
Official
Guardian child representation/protection panel.
|
1980
- 2016
|
Peel
Provincial Court (Criminal Division) duty counsel
panel
|
1981
- 2008
|
Peel Part-time Assistant Crown
Attorney.
|
1983
- 1984
|
Peel-Dufferin
Y.O.A. Planning & Implementation Group.
|
1983
- 1985
|
Part-time
Counsel for Children's Aid Society of Peel Region.
|
1983
- 1987
|
Development
and operation of a computerized service
for lawyers and judges calculating income tax effects of support
payments.
|
1983
- 1994
|
Development
and maintenance of a computerized
sentencing database for statistical analysis and
comparison of most Peel Provincial Court
(Family Division) Y.O.A. sentencing
decisions used by Judges, lawyers, probation
officers, and other professionals.
|
1983
- 1994
|
Development
and operation of a computerized
sentencing database respecting digested and reported
Y.O.A. sentencing decisions in Canada.
|
1984
- 1997
|
Peel
Duty Counsel Advisory Committee Member
|
1985
- 2016
|
Peel
Provincial Court (Criminal Division) Youth Court duty
counsel panel.
|
1989
- 1996
|
Peel Criminal Lawyers
Association representative on
the Brampton Criminal
Court Management Committee, (Brampton Delay Reduction
Committee).
|
1989
- 1993
|
Development
of computer software and graphics for
province-wide comparison of time to trial in
the Ontario Court (Provincial Division).
|
1990
- 1991
|
Chief
Judge's Executive Committee, Ontario Court (Provincial
Division), Delay Reduction Subcommittee Member.
|
1993
- 1994
|
Unified
Family Court Committee,
Peel Law Association, Research on Implementation of a
Unified Family Court in Peel and Report to the Attorney
General, Committee Member.
|
1994
- 1995
|
Peel Criminal Lawyers
Association representative on the Regional Group on Violence,
development of Violent Incidents
Protocol, Peel Board of
Education, Dufferin-Peel R.C.S.S.B., Peel Regional Police
|
1995
-1999
|
Peel
Criminal Lawyers Association, Treasurer
|
1998
- 2007
|
Criminal Lawyers' Association
Webmaster
|
1998
- 1999
|
Criminal
Lawyers' Association Young Offenders Act Sub-Committee member,
(drafting submissions to the Minister of Justice re Bill C-68, the Youth
Criminal Justice Act)
|
Since
1999
|
Criminal
Lawyers' Association various Sub-Committees, member
|
2003
- 2005
|
Peel
Criminal Lawyers Association, President
|
2006
|
Forcon Controlled Alcohol Testing:
Alcohol Absorption, Distribution and Elimination studies
|
2003
- 2007
|
Brampton,
Local Criminal Justice Co-ordinating Committee, PCLA Representative
|
Since
2004
|
Qualified Intoxilyzer Breath Alcohol Technician
|
Since
2007
|
Qualified Datamaster
Breath Alcohol Technician, Factory Course: Training Requirements
for BAC Datamaster Supervisor Program
|
Since
2007
|
National
College for DUI Defense, member
|
2008
|
Atlanta
Source Code Conference
|
2011
- 2016
|
Continuing
Education for Ontario DUI Defence Lawyers, including Intoxilyzer®
Tutorials and Intoxilyzer® COBRA® Tutorials, Substantive and
Professionalism Continuing Education for Defence Lawyers
|
Since
2014
|
Online
Course Author and Lecturer:
Defense
of a DUI Breathalyzer Charge by an Ontario Attorney
Canadian DUI: Over 80 Defence Lawyer Disclosure & Preparation for
Cross-Examination respecting the Intoxilyzer® 8000C - Introductory Level
|
Since
2015
|
Online
Course Author and Lecturer:
How
Do I Fight a DUI Charge?
This
course teaches Canadian defence lawyers the basics of defending a DUI
charge.
|
Since
2014
|
Online
Course Author and Lecturer:
DUI
Defence in Canada: wet-bath simulator alcohol standard
Learn why #duisimulator temperature stability / reliability are
essential to Intoxilyzer approved instrument accuracy - Intermediate
Level
|
2016
|
Moderator
of Online Live Classes for Defence Lawyers
Working
Around Jackson
How
to distinguish the R. v. Jackson case in the Ontario Court of Appeal
|
2016
|
Moderator
of Online Live Classes for Defence Lawyers
How
to Analyze a Breath Room Video for Operator Error and Instrument
Malfunction
How
to review video disclosure for indications of operator error or
instrument malfunction
|
2016
|
Co-Moderator
of Online Live Class for Defence Lawyers
Introduction
to COBRA® Data Analysis
|
2016
|
Author
and Lecturer of Online Course for Defence Lawyers
COBRA® 101
Detailed
study of COBRA® Relevance to Issues in excess Blood Alcohol and Failure
to Provide a Breath Sample cases
|
2014 -
2016
|
Collaboration
with defence lawyers from across Canada on the subject of Forensic
Metrology and Measurement uncertainty
|
2017
|
DUI
Defense Lawyers Association, member
|
2017
|
NACDL
"Charting a Course for the Future of Forensic Science in the
Courtroom", participant in online presentation
|
2018 |
"DRE Tutorials" In-person and Online Workshops at my Office
for Experts and Defence Lawyers |
2018 |
"Forensic Science and the Law", attendee at Ontario Bar
Association programme |
Return to Stephen R. Biss home page
Community Involvement:
1978
- 2000
|
St.
Francis of Assisi Roman Catholic
Church - Prayer Group
|
1981
- 1990
|
Dufferin-Peel
Roman Catholic Separate School
Board, Challenge Programme for gifted students,
lecturer and resource person.
|
1983
- 1987
|
Credit
Valley Hospital fundraising, Organizational Committee
for "Jail & Bail", $ 130,000.00 raised.
|
1984
- 1996
|
St.
Francis of Assisi Roman Catholic Church -
Marriage Preparation Course lecturer.
|
1987
- 1994
|
Tender
Years Co-operative Nursery
School, active parent and fundraising.
|
1990 - 2006
|
Mississauga
Ballet Association, active parent, webmaster
|
1994-1996
|
St.
Ignatius Loyola Roman Catholic Church - Education Committee member
|
1995
|
St.
Francis of Assisi Roman Catholic Church -
Estate Planning and Powers of Attorney lecturer.
|
1997
- 1998
|
St.
Thomas More School, Career Day Speaker
|
1998
- 2001
|
St.
Mark School, School Council member, parish rep.
|
Starting
2003
|
High
School and Elementary School Mock Trials, resource person
|
2010
- 2011
|
St.
Rose of Lima School, Career Days presenter
|
Return to Stephen R. Biss
home page
Professional Workshops
Provided:
March
1984
|
"Young
Offenders Act", Legal Aid, Peel Family
Court Duty Counsel,
seminar for lawyers, facilitator.
|
March
1985
|
"Procedure
for Review of Disposition in Peel
Family Court - Section 33 of the Y.O.A.", Ministry of
Community and Social Services, Probation &
Community Services, presenter.
|
October
1985
|
"Failure
to Comply - C.S.O.", Community Service Order Co-Ordinators'
Association of Ontario Annual Conference, co-presenter.
|
November
1985
|
"Impaired
Driving Causing Death", Addiction
Research Foundation, Addiction Awareness Week, Co-ordinator
and participant in mock trial for
students and teachers at a local high school.
|
April
1986
|
"Enforcement
of Probation Orders", Consultation with
Peel Youth Court Judges, lawyers, Court
staff, and probation officers respecting procedural
simplification and consistency, facilitator.
|
April
1986
|
"Bill
77 & the Young Offenders
Act", Panel Discussion, Peel
Board of Education, Staff Development,
panel member
|
May
1986
|
"Young
Offenders Act", Family Services of Peel,
Adult Protective Service
Workers, Quarterly Meeting, seminar leader.
|
1986
- 1987
|
"Show
Cause Hearing", Community Professionals Forum,
Child Welfare Awareness Committee of the Credit
Valley Hospital, moderator.
|
December
1986
|
"Sentencing
Under the Young Offenders Act", Peel Law Association seminar for
lawyers, leader.
|
December
1986
|
"Sentencing
Under the Young Offenders Act",
Ministry of Community and
Social Services, Probation and
Community Services, meeting for Halton and Peel
Probation Officers, seminar leader.
|
February
1987
|
"Young
Offenders Act & Ministry of Correctional Services Act",
The Salvation Army Cuthbert House, presentation
for inmates serving open custody dispositions,
lecturer.
|
March
1987
|
"Role
of Counsel in YOA And CFSA Matters", Osgoode Hall Law School, York
University, Children and the Law Course, guest panelist with a
psychiatrist and Family Court Judge.
|
October
1987
|
"Representing
the Adolescent: Lawyers & Staff",
Critical Risk - Quality
Care, International conference
sponsored by Thistletown Regional Centre,
workshop presenter.
|
November
1987
|
"YOA
Present & Future", Corrections Approaching
2001, Probation Officers Association of Ontario
Annual Conference, panelist with
Family Court Judge & Assistant Crown Attorney.
|
April
1988
|
"Mock
Y.O.A. Sentencing Hearing", Associated Youth Services of
Peel, Video-taped demonstration for staff
and volunteers including sample
cross-examination of author of a pre-disposition report.
|
December
1989
|
"Search
Strategies Using a Youth Court Database",
Ministry of Community and
Social Services, Probation and
Community Services, meeting for
Halton and Peel Probation
Officers, seminar leader.
|
March
1990
|
"Trends
in the Y.O.A.: Past, Present and Future", Associated
Youth Services of Peel Appreciation Conference,
workshop presenter.
|
March
1991
|
"Mock
Askov Application", Associated
Youth Services of Peel Appreciation Conference, presenter.
|
October
1993
|
"Law
and Community Building", Panel Discussion,
Sisserou Cultural Club for Dominican-Canadians,
panel member.
|
January
1994
|
"Young
Offenders Night", The Association of Parent Support Groups, Brampton,
facilitator at question and answer session.
|
February
1994
|
"The
Police Services Act", Panel
Discussion, Caribbean Association of Peel, panel member.
|
September
1995
|
"Youth
Crimes, Roles & Constraints of
Stakeholders", Ontario Police College,
Aylmer, lecturer.
|
April
1996
|
"The
Law and You - School Law", Rogers Community 10 Mississauga, participant
in educational television programme sponsored by the Peel Law
Association "
|
1997
|
"Bill
160", Lorne Park Secondary School, School Council panelist
|
1997
|
"Bill
160", Peel Board of Education, Professional Development for Teachers,
lecturer.
|
1997
- 1999
|
"Conflicting
Interests", Rogers Cable 10, 3 Young Offenders Act TV Debates in
Toronto and Mississauga against Reform Party Justice Critic, Ontario
Crime Control Commission Co-Chair, Police, and Safe Schools Network
|
1998
|
"Wills
and Estates", Dufferin-Peel R.C.S.S.B. , Professional Development for
Teachers, lecturer.
|
1998
|
"Internet
Resources for Lawyers", Peel Law Association Continuing Education,
co-organizer.
|
2000
|
"Small
Firms and Sole Practitioners", Law Society of Upper Canada, presenter.
|
2001
|
"Growing
Pains - Youth Justice", Ontario Criminal Lawyers' Association,
presenter.
|
2003
|
"Adult
Sentences - Youth Criminal Justice Act", Ontario Criminal Lawyers'
Association, presenter.
|
2003
|
"Evidence
to the Contrary" in Excess Blood Alcohol Cases, Ontario Bar Association
|
2005
|
"11(b)
Charter Applications - How to win them", Peel Law Association
|
2006
|
"Intoxilyzer
5000", Peel Law Association
|
2006
|
Contributor
to "Controlled Alcohol Testing Principles & Practice", Forcon
Forensic Consulting Services, workshop for lawyers
|
Since
2004
|
Frequent
contributor to Industrial Training & Design Ltd., Intoxilyzer
Breath Alcohol Technician course for lawyers
|
Since
2005
|
Frequent
consultant for impaired driving lawyers and demonstrator of breath
alcohol instruments for various groups of drunk driving defence lawyers
|
2008
|
"Carter Defences Post Bill C-2",
Law Society of Upper Canada, 6-Minute Criminal Law Lawyer, presentation
|
2008
|
"C-2:
Not a Defence", Ontario Criminal Lawyers Association, Annual
Conference, The Science of Crime, panel member
|
2010
|
Toronto
Intoxilyzer 8000C Update, hands-on programme for lawyers and
experts, co-host and presenter
|
2010
|
Atlanta
Multi Device Breath Testing Mega Course, presenter on Freedom of
Information applications
|
Since
2011
|
Intoxilyzer
Tutorials in Mississauga and Ottawa, Advanced Continuing Professional
Development for Ontario DUI lawyers including a professionalism,
ethics, and practice management component approved by the Law Society
of Upper Canada
|
2011
|
Intoxilyzer
Tutorial, Advanced Continuing Professional Development for Quebec DUI
lawyers involved in the constitutional litigation R. v. St.
Onge-Lamoureux
|
2013
|
Toronto,
Intoxilyzer 8000C Update, hands-on programme for Ontario, Maine, and
Washington lawyers and experts, co-host and presenter
|
Since
2014
|
COBRA
Tutorials in Mississauga and Ottawa, Advanced Continuing Professional
Development for Ontario DUI lawyers including a professionalism,
ethics, and civility component approved by the Law Society of Upper
Canada
|
2018
|
DRE Drug
Recognition Expert Tutorials - Live and cross-Canada online events
at my office for defence lawyers in preparation for Bill C-46, experts
included Ben Joseph, David Rosenbloom, and Dr. Joel Mayer
|
Return to Stephen R. Biss
home page
Reported
Cases Where Counsel:
G
v. M
|
[1981]
O.J. No. 1817
Enforcement of interprovincial maintenance order
|
R.
v. Michael Joseph R.
|
9
W.C.B. 453, [1983] O.J. No. 675, (Ont. P.C.)
Prohibition on use of cautions and contacts in juvenile sentencing
under JDA, Magna Carta in Canadian law
|
C.A.S.
v. S.L.
|
[1983]
O.J. No. 2040
|
R.
v. J.N.
|
[1984]
O.J. No. 671
Does Ontario have Youth Court Judges? Challenge to Jurisdiction under
YOA
|
R.
v. G.M
|
(1985)
24 C.C.C. (3d) 288, (Ont. P.C.)
[1986] O.J. No. 2755, (Ont. H.C.)
Constitutional Validity of section 33 of the Young Offenders Act.
|
R.
v. M.(J.)
|
[1986]
O.J. No. 1665, (Ont. P.C.)
Defence to being habitually absent from school
|
R.
v. M.(T.E.G.)
|
[1987]
O.J. 1893 (Ont. P.C.)
Search and seizure in youth's bedroom by foster parent
|
C.A.S.
v. B.(C.)
|
[1988]
O.J. No. 2386
|
R.
v. J.(J.)
|
(1988)
43 C.C.C. (3d) 257, 65 C.R. (3d) 371 (Ont. C.A.), leave to appeal
to S.C.C. refused April 6, 1989
Applicability of section 56(2) of the Young
Offenders Act to victim's witness statement in
sexual abuse public mischief case.
|
R.
v. M.(I.A.)
|
[1991]
O.J. No. 837 (Ont. P.C.)
YOA statement issues, acquittal on charges of conspiracy to murder and
counselling murder
|
R.
v. M
|
[1993]
O.J. No.894, (Ont. P.D.)
Counsel for Crown, right to counsel and exclusion of evidence
|
CAS
of Peel v. V.P.
|
[1994]
O.J. No. 1800, (Ont. P.D.)
Counsel for Child, Charter application on behalf of child, jurisdiction
issue lack of notice
|
R.
v. O.S.
|
[1995]
O.J. No. 2174, (Ont. P.D.)
Sentencing for robbery armed with a knife
|
R.
v. I
|
[2000]
O.J. No. 2764, (Ont. C.J.)
Need for interpreter in understanding right to counsel and breath
demands
|
R.
v. C
|
[2003]
O.J. No. 3161, (Ont. C.J.)
Defective Notice re Certificate of Analysis
|
R.
v. B
|
[2003]
O.J. No. 3164
Information a nullity because marihuana possession not an offence known
to law, Magna Carta in Canadian law
|
R.
v. D
|
[2004]
O.J. No. 1509
Reason for the Stop driving out of a bar, Right to Counsel on Detention
|
R.
v. H
|
[2004]
O.J. No. 3253
Unreasonable Delay, Challenge to Adult Brampton Blitz Court
|
R.
v. H
|
[2004]
O.J. No. 3254
Arbitrary Detention and Search at Seatbelt Stop
|
R.
v. A
|
[2004]
O.J. No. 5189
Bail Hearing Evidence, Probative Value
|
R.
v. C
|
[2005]
O.J. No. 6198
Right to Counsel of Choice, Access to Palm Pilot and Internet Yellow
Pages
|
R.
v. C
|
[2005]
O.J. No. 6204
Impaired driving Evidence, Defence Video Images of Traffic and Survey
of 1 km of Roadway
|
R.
v. C.A.
|
[2005]
O.J. No. 1545
Unreasonable Delay, Challenge to Brampton Blitz Court, Youth Court
|
R.
v. C
|
[2005]
O.J. No. 3037
Disclosure, Intoxilyzer and Simulator Maintenance Log
|
R.
v. I
|
[2006]
O.J. No. 5578
Systemic Delay, Toronto Old City Hall Overbooking by Trial Co-ordinator
|
R.
v. N
|
[2006]
O.J. No. 4914
Standard Alcohol Solution Stability and Expiry Dates
|
R.
v. F
|
[2008] O.J. No. 3211
Gap principle in sentencing, 11 year gap after multiple priors
|
R. v. W
|
[2009] O.J. No. 332
Fail to remain, grounds for arrest
|
R. v. K
|
[2009] O.J. No. 1084
Care or Control, vehicle inoperability, 258(1)(a) presumption
|
R. v. B et. al.
|
[2010] O.J. No. 2302
Disclosure under Bill C-2, complex constitutional issues, 4 Orangeville
DUI cases resulting in three careless driving resolutions and one
licence prohibition reduction from 12 months to three months
|
R. v. F
|
[2011] O.J. No. 2928
Ventolin inhaler interferent effect, alcohol standard log breach of
protocol, observation deprivation period
|
R. v. M.
|
2013 ONCJ 230 Quality Assurance and Quality Control during
hospital blood analysis following MVC, blood evidence of blood alcohol
concentration, fatality case dealt with as impaired / over 80 /
dangerous simpliciter
|
R. v. W
|
2013 ONCJ 407 Availability of approved instrument to defence Bar and
independent experts, use of #duisimulator by qualified technician
|
R. v. O
|
2014 ONCJ 440
Disclosure of complete (55 fields wide and full sequences) COBRA data
in native raw text format rather than paper or pdf
|
Publications:
Abramovitch, R., Higgins-Biss, K., and Biss, S., Young
persons'
comprehension of waivers in criminal proceedings., Canadian
Journal of
Criminology, July 1993. 309-322.
|