Law Commission of Ontario Issue Paper on Artificial Intelligence

The Law Commission of Ontario has published an issue paper on Regulating AI: Critical Issues and Choices.

The document proposes a comprehensive framework to ensure governments using AI and automated decision-making (ADM) systems protect human rights, ensure due process and promote public participation.

From the executive summary:

"The context for this analysis is the extraordinary growth in the use of AI and ADM by governments across the world. This technology promises many benefits, while also raising significant risks to human rights, due process, procedural fairness, access to justice and the trustworthiness of justice-system and government decision-making."

"The Government of Canada’s Directive on Automated Decision-making ('the federal Directive') is the most significant initiative to directly regulate AI and ADM in Canada to date."

"Many other governments, including the Government of Ontario, have begun to consider AI and ADM regulation as well."

"The LCO has analyzed the federal Directive and several alternative models in order to answer a series of important questions:

• What issues should AI and ADM regulation address?
• Which model (or models) best ensures AI and ADM transparency, accountability, protection of human rights, due process and “trustworthiness” in governments and related institutions?
• Are there gaps in the Canadian regulatory landscape?
• Is regulation in Canada robust or comprehensive enough to meet the proven challenges of these systems?"

"Ensuring that AI regulation is responsive to these issues may help Ontario and other Canadian jurisdictions develop a regulatory framework that maximizes AI and ADM’s potential benefits, while minimizing potential harm."