Law Commission of Ontario AI Case Study: Probabilistic Genotyping DNA Tools Used in Canadian Courts

The Law Commission of Ontario (LCO) has released an AI Case Study: Probabilistic Genotyping DNA Tools Used in Canadian Courts:

"Probabilistic genotyping (PG) is the use of artificial intelligence algorithms to analyze DNA samples collected in police investigations or criminal prosecutions. The overarching concern of this report is to examine whether and how AI-driven technologies like PG can continue to meet the high standards of due process, accountability and transparency, and fundamental legal rights demanded by the Canadian Charter of Rights and Freedoms and, by extension, the criminal justice system."

"The data and data science used at every stage of AI and algorithmic decision-making have human rights, equity, due process, and access to justice consequences. These tools often have built-in and largely hidden biases and discriminatory inferences in their decision-making. While appearing scientific, objective, and authoritative, they may be unreliable and invalid. Failure to study, understand, and regulate these tools can have significant system-wide and individual repercussions. Absent proper scrutiny, process, and legislation, there is a risk that AI tools, including PG DNA algorithms, will worsen racism in Canada’s justice system, and put access to justice further out of reach for many Ontarians. Unequal access to participation in decision-making about data and technology can further entrench existing biases and inequality. Reliance on AI tools, like PG DNA algorithms, may provide what appears to be infallible and reliable scientific evidence against individuals who are factually innocent. Because of the well-established over-representation of low income people and members of racialized and Indigenous communities in the criminal justice system, those most likely to face PG DNA evidence will often be those least likely to be financially resourced to challenge it. Absent proper scientific study, regulation, enforcement of relevant Charter rights, and due process protections, PG DNA evidence may lead to wrongful convictions. This concern is likely to disproportionately impact on communities that already suffer from systemic discrimination in the justice system and Canadian society at large."

It is part of the LCO's project on AI (artificial intelligence), ADM (automated decision-making ) and the Justice System.