Law Commission of Ontario publishes issue papers on artificial intelligence in criminal justice

facial recognition and biometric surveillance, and bail/sentencing algorithms have been criticized in many jurisdictions for their impact on racialized and lowincome communities, constitutional rights, human rights, criminal procedure, criminal common law principles, privacy, and access to justice,” the LCO wrote in its introduction to the papers.

The commission is collaborating with government representatives, police services, Crowns, the criminal defence bar, courts administration, legal aid, human rights commissions, civil society organizations, and academics to help develop “Trustworthy Criminal AI” in the country’s justice system.

“Our collective goal is help inform institutions, policymakers and stakeholders about the law reform issues, choices, opportunities, and challenges in this complex and fast-moving area,” the LCO wrote.

The following experts authored the project papers:

• Gideon Christian, professor of law, Faculty of Law, University of Calgary
• Armando D’Andrea, staff lawyer, Provincial Office, Legal Aid Ontario
• Ryan Fritsch, LCO policy counsel
• Brenda McPhail, senior technology and policy advisor, Information and Privacy Commissioner of Ontario
• Eric Neubauer, defense counsel, Neubauer Law, and co-chair, Criminal Lawyers Association Technology Committee
• Marcus Pratt, senior advisor, Policy Department, Legal Aid Ontario, and chair of the LAO Test Case Committee
• Jagtaran Singh, legal counsel, Ontario Human Rights Commission
• Nye Thomas, LCO executive director
• Paula Thompson, Strategic Initiatives, Ministry of the Attorney General

The LCO Criminal AI project advisory group supported the project as well.

“The LCO believes this project is urgent. AI in the criminal justice system affects some of most important issues and rights in Canadian society, including public safety, personal liberty, rights to equality and procedural fairness, and public trust in key public institutions, including courts and the police,” the LCO wrote. “At the same time, fast-paced technological, legislative, and policy developments in Canada and internationally have put pressure on Canadian police services, governments, courts, and stakeholders to respond to criminal AI issues quickly.”

The project seeks to predict the effect of inaction on the Canadian criminal justice system.

The commission said it hoped the papers would spur discussion among Canadians in relation to AI-related issues in the criminal justice system and invited feedback from justice sector institutions, academics, legal practitioners, law enforcement, civil society groups and individuals. The input will be summed up and analyzed in a final report providing recommendations for reform.