Canadian society is progressing deeper into the digital age. Artificial intelligence (AI) technologies — like the generative AI ChatGPT and the legal platform Harvey — are increasingly shaping judicial processes and legal systems, including in the adjudication of intricate cases.
Like other areas of the world, Canada is not immune to these shifting intersections of AI technology and their impacts on the administration of justice.
2024 marks the first full year of implementing Canada”s recent AI policy for the Federal Court. As it stands today, not a single Chief Justice in Canada has firmly said “no” to the use of AI in the courts.
The Federal Court merely lightly salted the AI policy statement with a commitment that more “public consultation” was needed — without describing what that meant.
A delicate dance
Rather than prevent the use of AI — as was the recent case in British Columbia with fake AI-generated cases advanced in argument— the Federal Court has embarked on a delicate dance. The focus has been on minimizing the …