Canada’s federal court bans AI use by judges

TRENTON, Canada

Canada’s federal court barred judges from using artificial intelligence (AI) in making decisions, according to reports Tuesday.

The court said on its website that AI has possible benefits, such as speeding up proceedings but also has the potential to undermine the independence of judges and public trust in the justice system.

“This is an area that warrants great caution,” Chief Justice Paul Crampton told The Globe and Mail newspaper in an interview this week. “I would be troubled if I thought the judges were using ChatGPT to write their decisions, or if their decisions were in any way being influenced by AI, by machines.”

It is unknown territory, he said: “Because we don’t have enough of an understanding of their processes and what underlies their algorithms, and what the nature of the biases is.”

It is an important decision, because the federal court consists of traveling judges who go across the country hearing cases that deal with national security and immigration, among others. It also reviews decisions made by ministers of the federal government and claims filed against the government.

Crampton told the Globe and Mail that “machines aren’t going to grasp” subtle differences when dealing with refugees and student visas, for example, that a human would take into consideration.

The other disadvantage is that the public could be suspicious that judges were not reaching decisions based on weighing the facts of a case, but just clicking a button to reach conclusions.

The decision places the court directly on the path already trod by foreign jurisdictions, including the United States.