From the Canadian Judicial Council
The Canadian Judicial Council (Council) has issued Guidelines for the Use of Artificial Intelligence in Canadian Courts. The Guidelines are available on the Council’s website.
The purpose of the Guidelines is to raise awareness of the risks inherent in the use of artificial intelligence (AI) tools, while providing a principled framework for understanding the extent to which these tools can be used appropriately to support or enhance the judicial role. Amongst other things, the Guidelines speak to judges being conscious of AI as well as being cautious in their use of the technology, and stress the principles of judicial independence and judicial ethics. They also recognize that some forms of AI are already embedded in day-to-day judicial activities such as translation, grammar checking, and legal research.
“Judicial independence and public confidence in our courts is essential to maintaining the rule of law and to a strong democracy,” noted Chief Justice of Canada and Council Chairperson, the Right Honourable Richard Wagner. “Public confidence in our courts is grounded in judges’ sound decision making. Judges must therefore maintain exclusive responsibility for their decisions; AI cannot replace or be delegated judicial decision-making. At the same time, the Council’s new Guidelines acknowledge there may be opportunities to leverage AI responsibly to support judges.”
The Guidelines are aspirational and advisory in nature. They aim to strike a balance between embracing AI technologies that show promise in providing innovative solutions to longstanding practical challenges within the justice system, while acknowledging many of the consequences of the technology remain unknown. The Guidelines were also developed to help encourage a more consistent approach to the use of AI in Canadian courts. As technology and strategies for its deployment evolve, the Guidelines will be updated.
The Council’s Technology Committee, which provides advice and recommendations on emerging technology issues of interest to the judiciary, drafted the Guidelines in both official languages. The Committee is comprised of chief justices, puisne judges, and an academic expert.
Did you know?
The principle of judicial independence requires, amongst other things, that courts be independent in the management of their own operations. This is why chief justices are responsible for the day-to-day administration of justice within their own courts, such as scheduling and case management.
While courts maintain exclusive jurisdiction over their own records, control over other aspects of technology and court information management is often shared between the judicial and executive branches of government.