Canada’s Federal Court has announced that it will not allow its judges to use artificial intelligence in decision-making until it has consulted the public. This approach follows controversial instances of AI use in the judicial systems of the United States and other countries. While courts in several Canadian provinces have established guidelines for the use of automated tools in court filings, there has been little discussion about the use of AI by judges themselves.
Chief Justice Paul Crampton stated that while AI offers potential benefits, there are also risks to judicial independence and public confidence in the justice system. The court is concerned about the potential “dehumanization of the law” and worries that AI-derived decisions may lack the nuances understood by human judges, particularly in cases involving refugees, family reunification, or visas.
Chief Justice Crampton clarified that the Federal Court has not used generative AI content. However, the court’s technology committee plans to experiment with AI for the translation of court decisions, with human reviewers ensuring accuracy.
Legal observers support the court’s cautious approach, as the use of AI could raise skepticism about the authenticity of judges’ written reasoning. The Canadian Judicial Council, comprised of chief and associate chief justices, is monitoring local and international AI developments and may issue a directive in the future.
The Federal Court’s stance aligns with a directive from the Chief Justice of the B.C. Supreme Court, who requested judges to refrain from using AI until further notice. This decision followed an incident in Colombia where a judge relied on AI to determine whether an autistic child’s medical costs should be covered by insurance.
Although some legal experts expect that AI is already being used by judges and administrative bodies, they commend the cautious approach taken by the Federal Court, acknowledging both the benefits and risks associated with AI technology. As AI continues to evolve, the adoption of AI tools in judicial work might gradually increase as long as it aligns with the principles of justice and fairness.
The source of the article is from the blog trebujena.net