Artificial Intelligence

Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence

December 20, 2023

Federal Court will follow the Principles and Guidelines in this policy when using Artificial Intelligence (AI). The Court will not use AI, and more specifically automated decision-making tools, in making its judgments and orders, without first engaging in public consultations. For greater certainty, this includes the Court’s determination of the issues raised by the parties, as reflected in its Reasons for Judgment and its Reasons for Order, or any other decision made by the Court in a proceeding. For information regarding the use of AI by parties, self-represented litigants and interveners, please refer to the Notice on the Use of Artificial Intelligence in Court Proceedings.

Background

The Federal Court’s Strategic Plan 2020-2025 references the Court’s interest in exploring the use of AI. After consultations with stakeholders, the Court has developed the following principles and guidelines to guide the potential use of AI by members of the Court and their law clerks.

The Court will begin investigating and piloting potential uses of AI for internal administrative purposes through its Technology Committee. For example, the Court will pilot a new process for translating decisions written by members of Court by using a form of AI to translate text. A translator and/or jurilinguist will review these AI-assisted translations to ensure that the translation accurately reflects the original reasons and outcome.

The Court understands the potential benefits, and risks, of using AI. In particular, the Court recognizes that AI can improve the efficiency and fairness of the legal system. For instance, it can assist with tasks such as analyzing large amounts of raw data, aiding in legal research, and performing administrative tasks. This can save time and reduce workload for judges and Court staff, just as it can for lawyers.

Other examples of potential benefits for all stakeholders in the justice system include streamlining aspects of case management, improving the accuracy and thoroughness of legal research, helping self-represented litigants to navigate Court procedures, and supporting alternative dispute resolution.

Alongside these potential benefits, the Court acknowledges the potential for AI to impact adversely on judicial independence. The Court also recognizes the risk that public confidence in the administration of justice might be undermined by some uses of AI. The Court will exercise the utmost vigilance to ensure that any use of AI by the Court does not encroach upon its decision-making function.

The Court will continue to consult experts and stakeholders as its understanding of AI evolves.

Principles

The following principles will guide the potential use of AI by members of the Court and their law clerks:

• Accountability: The Court will be fully accountable to the public for any potential use of AI in its decision-making function;
• Respect of fundamental rights: The Court will ensure its uses of AI do not undermine judicial independence, access to justice, or fundamental rights, such as the right to a fair hearing before an impartial decision-maker;
• Non-discrimination: The Court will ensure that its use of AI does not reproduce or aggravate discrimination;
• Accuracy: For any processing of judicial decisions and data for purely administrative purposes, the Court will use certified or verified sources and data;
• Transparency: The Court will authorize external audits of any AI-assisted data processing methods that it embraces;
• Cybersecurity: The Court will store and manage its data in a secure technological environment that protects the confidentiality, privacy, provenance, and purpose of the data managed; and,
• “Human in the loop”: The Court will ensure that members of the Court and their law clerks are aware of the need to verify the results of any AI-generated outputs that they may be inclined to use in their work.

Guidelines

For the potential use of AI by members of the Court and their law clerks, the Court will adhere to the following guidelines:

1. The Court will not use AI, and more specifically automated decision-making tools, in making its judgments and orders, without first engaging in public consultation. For greater certainty, this includes the Court’s determination of the issues raised by the parties, as reflected in its Reasons for Judgment and its Reasons for Order, or any other decision made by the Court in a proceeding;
2. The Court will embrace the Principles listed above in any internal use of AI; and,
3. If a specific use of AI by the Court may have an impact on the profession or public, the Court will consult the relevant stakeholders before implementing that specific use.