Human Rights AI Impact Assessment Backgrounder Released by Law Commission of Ontario

In November 2024, the Law Commission of Ontario (LCO) and the Ontario Human Rights Commission (OHRC) published an AI human rights impact assessment based specifically on Canadian human rights law. 

This week, the LCO published what it calls a Backgrounder that summarizes the benefits, limitations, and choices in artificial intelligence impact assessments.

"This Backgrounder accompanies the LCO/OHRC HRIA [AI human rights impact assessment]. It can be read as both an introduction to the HRIA and a summary analysis of AI impact assessments generally."

"The LCO/OHRC HRIA is based on extensive research on AI regulation and AI impact assessment tools. The LCO consulted with a wide range of stakeholders and key informants, including government officials, lawyers, technologists, academics, NGOs, and representatives from both large and small private enterprises."

"The Backgrounder summarizes the benefits, limitations, and strategic choices inherent in developing a HRIA. The LCO believes that policymakers and stakeholders will benefit from a comprehensive look at of the choices, opportunities, and challenges in this project."

Law Commission of Ontario Document on Human Rights AI Impact Assessment

The Law Commission of Ontario (LCO) and the Ontario Human Rights Commission have published an AI human rights impact assessment based specifically on Canadian human rights law. 

"The Law Commission of Ontario and Ontario Human Rights Commission have joined together to create an AI impact assessment tool to provide organizations a method to assess AI systems for compliance with human rights obligations. The purpose of this human rights AI impact assessment (“HRIA” or “the tool”) is to assist developers and administrators of AI systems to identify, assess, minimize or avoid discrimination and uphold human rights obligations throughout the lifecycle of an AI system..."

"Bias and discrimination in AI are real and complex. Bias and discrimination can be easy to overlook or ignore. Left unchecked, AI can cause deep and longstanding harm to individuals, communities and organizations. Bias and discrimination can also present economic, legal and public relations consequences for organizations. Assessing for bias and discrimination is not a simple task. As such, it should not be an afterthought or minor consideration but be integrated into every stage of design, development and implementation of AI..."

"This tool is expected to help designers, developers, operators and owners of AI systems to identify and reduce bias and discrimination. The tool is a guide that, when applied carefully and thoughtfully, should help organizations build better AI and help in understanding human rights obligations."

Legislative Assembly of Ontario Website Launches New Hansard Search

The Legislative Assembly of Ontario has updated its search tool for legislative debates ("Hansard").

The new search tool comes with a list of useful search tips.

Enhancements to the interface include:       

• a modern, accessible design that is user- and mobile-friendly;
• results appear on the same page as the tool (you no longer need to navigate back to edit search fields);
• a bilingual interface and search tips 

When viewing search results, you can now:

• choose how many results display on the page (20, 50, or 100);
• order search results by date, speaker, or topic;
• filter results by speaker, topic, type of business, and session;
• see an excerpt from Hansard where the search terms appear 

Law Commission of Ontario Report on A New Environmental Bill of Rights for Ontario

The Law Commission of Ontario (LCO) has published A New Environmental Bill of Rights for Ontario: Final Report.

The report examines Ontario's existing Environmental Bill of Rights (EBR) and makes a series of major recommendations to enhance environmental accountability in the province.

The EBR was proclaimed in February 1994 and it introduced a number of mechanisms to improve public participation, transparency, and government accountability for environmental decision-making. 

The LCO concludes that the EBR has not always been meeting its stated objectives and needs updating.

The report's 58 recommendations for change are listed in Appendix A of the report.

Law Commission of Ontario Consultation Paper on Consumer Protection in the Digital Marketplace

The Law Commission of Ontario (LCO) recently published a consultation paper on Consumer Protection in the Digital Marketplace.

The LCO is interested in looking at updates to Ontario’s Consumer Protection Act to better protect consumers when it comes to digital products and services:

"Hardly a day goes by that consumers in Ontario are not asked to click, tap, scan, or otherwise confirm 'I ACCEPT' when presented with a contract for an online product or service."

"Yet consumers, businesses, and government alike express increasing concern that this framework no longer meets contemporary needs.

• For consumers, these contracts are nearly impossible to read, frequently change without notice, have a huge cumulative footprint, and may trigger big consequences from comparatively minor transactions.
• For businesses, there is a risk of regulatory compliance, a risk to reputation, and uncertainty over terms and practices that may be deemed deceptive or unfair.
• For governments, there is an interest in maintaining consumer confidence in a robust digital marketplace, ensuring a fair playing field for businesses, and fostering laws which are in tune with the times."

(...)

"Broadly speaking, the Consultation Paper asks two sets of questions."

"First, the LCO considers if or how Ontario’s Consumer Protection Act should be updated to better protect consumers considering the new, complex, and expansive range of consumer risks in the digital economy. As such, the Consultation paper addresses what might be considered classic or traditional consumer protection issues and contracts principles, including:

• Notice and disclosure
• Deception and unconscionability (unfair practices)
• Unilateral changes to contracts
• Contracting with youth and vulnerable groups
• Access to justice, dispute resolution, and systemic oversight."

"Second, the Consultation Paper considers the effect and impact of important new technological and business practices that may be unfamiliar to many consumers. This includes deceptive 'dark pattern' software and contract practices, network effects, platform lock-in, monetization practices, and algorithmic content shaping. These developments challenge many traditional principles of consumer protection law, often with inconsistent and unpredictable results."

Law Commission of Ontario Consultation Paper on Environmental Accountability

The Law Commission of Ontario (LCO) has published a consultation paper on environmental accountability.

"The EBR [Environmental Bill of Rights 1993] was enacted over 25 years ago. Since then, the environmental, policy, and legal landscape in Ontario has changed considerably. New issues have emerged, including important developments in the relationship between the Crown and Indigenous Peoples; the growing recognition of environmental justice; and the adoption of the right to a healthy environment by most member states of the United Nations. These new developments underscore the need to re-examine the substantive and procedural requirements of the EBR to ensure it reflects and is responsive to current realities (...) an underlying premise of the EBR is that the public and the government share responsibility for protecting the environment. The EBR sought to achieve its objectives by enhancing public participation rights in government decision making process on environmental matters. It was anticipated that this would improve accountability and transparency leading to better environmental outcomes (...)"

"The Consultation Paper asks two sets of questions. First, the paper asks about potential reforms to the EBR. Second, the paper asks potentially more far-reaching and challenging questions about emerging legal concepts of “environmental justice,” the “right to a healthy environment,” and how to account for Indigenous issues and legal orders in Ontario’s environmental accountability framework (...)"

"Finally, readers will know that environmental accountability is a complex, controversial, and politicized subject. The LCO is committed to bringing its rigorous, evidence-based and non-partisan approach to this project. The LCO’s goal is to move beyond the rhetoric and ask hard but fair questions about Ontario’s experience; the desirability, feasibility, and enforceability of reasonable law reform options; and how environmental accountability measures might be balanced against competing rights and economic interests."

The Commission will consult widely with stakeholders, including lawyers and legal organizations, environmental NGOs, industry representatives, academics, Indigenous communities, government and justice system leaders, and individual Ontarians interested in environmental issues. The consultation period ends in late November 2022.

Law Commission of Ontario Report on Accountable Artificial Intelligence

Last week, the Law Commission of Ontario released a new report discussing artificial intelligence (AI) in the Canadian justice system.

The report examines AI and Automated Decision-making (ADM) systems used to assist government decision-making in public benefits, child protection, education, immigration, regulatory compliance, and many other civil and administrative justice applications:

"Notwithstanding AI’s potential, government use of AI is controversial. There are many examples of government AI systems that have proven to be biased, illegal, secretive or ineffective. As a result, many governments – including the Government of Ontario – are adopting 'Trustworthy AI' frameworks to assure the public and stakeholders that government AI development and use will be transparent, legal and beneficial."

"Trustworthy AI is an important initiative, and the LCO commends the Government of Ontario for publicly committing to this goal. Achieving 'Trustworthy AI”', however, will depend on governments addressing a complex series of policy, legal and operational questions that go far beyond public statements of principle. Addressed thoughtfully, the answers to these questions will help governments and public agencies maximize AI’s benefits and minimize its harms (...)"

"Canadian governments have an opportunity to become leaders in successful AI deployment by applying hard-learned lessons and taking proactive measures to ensure trustworthy and accountable AI. Absent these measures, government ministries, agencies, tribunals and courts will likely need to address important legal and technical issues on a case-by-case basis, resulting in poorer public services, biased and inconsistent government decision-making, diminished rights protection, delays, and unnecessary costs and litigation."

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."

Law Commission of Ontario Report on Legal Issues and Government AI Development

 The Law Commission of Ontario has published a report from a workshop organized with the Ontario government on the topic of Legal Issues and Government AI Development:

"Government interest in artificial intelligence (AI) and automated decision-making (ADM) systems is growing rapidly. This is because AI and ADM have tremendous potential to transform government decision-making and public services (...)"

"(...) in the US, AI and ADM tools are currently being used to assist government operations 'across the full range of governance tasks', including:

• Enforcing regulatory mandates centred on market efficiency, workplace safety, health care, and environmental protection;
• Adjudicating government benefits, from disability benefits to intellectual property rights;Monitoring and analyzing risks to public health and safety;
• Extracting useable information from the government’s massive data streams, from consumer complaints to weather patterns; and
• Communicating with the public about its rights and obligations as welfare beneficiaries, taxpayers, asylum seekers, and business owners."

"However, along with great potential is great concern. Many government AI and ADM systems are criticized due to serious concerns about racial bias, lack of transparency and legal accountability, data issues and inadequate public engagement."

"In many instances, AI and/or ADM systems are being used to either make or assist government decisions that impact individual rights, interests and obligations. For example, AI and ADM systems are currently being used by many governments to determine government benefits, immigration eligibility, assess the risk of child abuse, identify individuals likely to be criminals and prioritize access to housing, to name a few examples. As a result, justice system stakeholders in Canada and elsewhere are analyzing the legal principles, statutory rules and constitutional requirements that arise when government decision-making is assisted by machines (...)"

"The need to address these issues prompted the Law Commission of Ontario (LCO) and the Ontario Digital Service (ODS) to bring together Government of Ontario lawyers, policymakers, operational managers and technology experts with Law Commission counsel and advisors for an informal and collaborative discussion about artificial intelligence, automated decision-making and the law."

Law Commission of Ontario Issue Paper on AI and Algorithms in Criminal Proceedings

 The Law Commission of Ontario has published an Issue Paper on The Rise and Fall of Algorithms in American Criminal Justice: Lessons for Canada.

It looks at the potential use, impact and regulation of artificial intelligence (AI), algorithms and automated decision-making in Canadian criminal proceedings:

"The specific subject of this paper is algorithmic pretrial risk assessments. These are AI or algorithmic tools that aid criminal courts in pretrial custody or bail decision-making (...)"

"Algorithmic pretrial risk assessments are an important case study in the use of AI and algorithms in criminal justice. Bail proceedings adjudicate and balance fundamental liberty and public safety issues while needing to ensure high standards of due process, accountability and transparency."

"The use of these tools has expanded rapidly across the United States, to the point where these systems are probably the most widely implemented AI or algorithmic tools to aid decision-making in criminal proceedings in the world. This expansion has been the catalyst for an unprecedented and rapid evaluation of how algorithmic tools in criminal proceedings are designed, developed and deployed. Suffice to say, this reform has not gone smoothly. In the space of a few short years, there has been an extraordinary backlash against the use of these systems, including by many of the same organizations and stakeholders who enthusiastically supported their development in the first place."

"The LCO believes an analysis of the American debate can provide Canadians with important insights and lessons about the use of AI and algorithms in criminal proceedings. The LCO further believes that many, if not most, of these lessons are applicable to the use of these tools in civil and administrative decision-making as well (...)"

"The paper pays particular attention to issues regarding racism and data discrimination. Anti-Black and anti-Indigenous racism has been a long-standing concern in Ontario’s justice system. Accordingly, any analysis of AI and algorithms in criminal proceedings must address these issues clearly and comprehensively. Perhaps not surprisingly, the LCO has identified many unexplored, unregulated and poorly understood issues respecting data, discrimination, algorithms and the law. The paper also considers this technology from the related and overlapping perspective of access to justice for low-income and vulnerable communities."

"The paper concludes with an analysis of regulatory issues and options to assist Canadian policymakers and stakeholders identify, discuss and decide appropriate options and instruments for the Canadian criminal justice system."

This is the first of three (3) Issue Papers on the topic of AI by the Commission as part of its project on AI in Criminal Justice System in Ontario.

Presentations Available from Government Information Day East 2019

The SLA Toronto chapter and the Toronto Reference Library hosted the Government Information Day (East) 2019 on Thursday, November 28, 2019.

The event was devoted to the use, production, preservation, and access of government information.

The presentations are now online.

Topics covered included:

• Library of Parliament’s digitization and preservation projects
• Canadian Municipal Collection: A digitization project
• Scholars Portal Government Documents Projects
• Post-depository: Project Update
• The Legislative Library of Ontario's digital repository: Overview, challenges, future initiatives
• The Legislative Assembly of Ontario’s website – The recent redesign of ola.org and upcoming enhancements
• ISBNs: Us and You and the Future
• Communicating Value Through Strategic Alignment
• Serving Ontario’s New Parliament: Outreach Strategies
• Copyright and Public Sector Information: A Comparative Study
• Canadian Collective Print Preservation Strategy (CCPPS) Working Group: Overview of Activities
• Making Government Data Accessible: Discoverability, Availability and Usability

Law Commission of Ontario Final Report on Class Actions

The Law Commission of Ontario (LCO) has released its final report, Class Actions: Objectives, Experiences and Reforms.

It is a comprehensive examination of the province's Class Proceedings Act. The LCO makes numerous recommendations to improve the workings of the Act:

"These recommendations address a broad cross-section of issues, including the process for initiating a class action, certification, settlement approval and distribution, counsel fees, costs and reporting on class actions. We believe our recommendations represent a necessary and important update to a significant piece of legislation that is now almost 30 years old."

More background about the entire class actions project can be found on the LCO website.

Five Questions with Louise Hamel, Ontario Ministry of the Attorney General

The Canadian Association of Law Libraries (CALL) has been running a series of member profiles called Five Questions With...

The most recent interview is with Louise Hamel, Manager of Judicial Library Services with the Ontario Ministry of the Attorney General:

"What’s one piece of advice you’d give to someone looking to break into the legal information industry?
Continue with the learning – take a coding course, business writing, budgeting and website development course during the first few years of your career. These added skills, if you do not already have them, will round out your skill set that is a passport to all types of jobs. Stay open to new experiences and opportunities."

Law Commission of Ontario Consultation Paper on Class Actions

The Law Commission of Ontario has published a consultation paper on class actions.

From the press release:

"The LCO review is the most comprehensive assessment of Ontario’s Class Proceedings Act since it came into force more than 25 years. Since that time, class action litigation has grown dramatically in volume, complexity and impact in Ontario and across Canada."

"The LCO’s project will:

• Analyze the experience with class actions in Ontario; and,
• Provide an independent, principled and practical analysis of class actions from the perspective of access to justice, judicial economy, and behaviour modification."

"The Consultation Paper seeks advice from a broad range Ontarians, including class members, the legal profession, legal organizations, governments, public and private organizations, academics and any others who have an interest in class actions. Formal public consultations conclude in mid-May. The project expects to release its final report in late 2018. "

Law Commission of Ontario Releases Consultation Paper on Defamation Law in the Internet Age

This week, the Law Commission of Ontario launched province‐wide consultations for its Defamation Law in the Internet Age project.

As part of the process, it published a Consultation Paper on the issue.

From the Executive Summary:

"The LCO’s Defamation in the Internet Age project considers whether or how defamation law should be reformed in light of fast-moving and far-reaching developments in law, technology and social values (...)"

"Defamation law in Ontario has not remained static in face of these developments. In recent years, both courts and legislatures have responded to important issues and concerns in order to bring defamation law into the internet age. This approach, while obviously an effective means of addressing specific defamation issues, is not a comprehensive response to the far-reaching challenges posed by 'internet speech'."

"This project is designed to meet that challenge. The LCO’s project is the most comprehensive analysis of Ontario’s defamation law framework to date. It is designed to analyze the underlying purpose and function of defamation law and to update the law to reflect the social and technological developments that will continue well into the future."

"The issues addressed in the project and the Consultation Paper include:

• The law of defamation in Ontario today and its limitations;
• How the legal, technological, and social landscape of the early 21st century influences and challenges “traditional” defamation law;
• A consideration of the legal elements of defamation in light of “internet speech”;
• Access to justice in defamation matters;
• Privacy and its relationship to defamation;
• Internet intermediary liability; and,
• Alternative dispute resolution."

The consultation runs to March 30, 2018.

Legislative Assembly of Ontario Website Survey

The Legislative Assembly of Ontario is planning on updating its website.

As part of the process, it will be collecting feedback on the usefulness of the current site.

Visitors are being invited to fill out a short survey now posted at the bottom of every page on http://www.ontla.on.ca/web/home.do?locale=en.

Law Commission of Ontario Class Actions Project

The Law Commission of Ontario (LCO) has launched a major class actions research project:

"The LCO’s class action project considers Ontario’s experience with class actions since the enactment of the Class Proceedings Act in 1993. The project has two main objectives:

• Survey the experience with class actions in Ontario, and
• Provide an independent and practical analysis of class actions from the perspective of their three objectives: access to justice, judicial economy, and deterrence.

The project will produce an independent, balanced, and authoritative report on class actions issues. The report may make recommendations for law reform where appropriate to do so."

Public consultations will begin later in 2017.

The last comprehensive review of class  proceedings in Ontario was in 1990.

Law Commission of Ontario Releases Fifth Paper on Defamation

This is a follow-up to the July 27, 2017 Library Boy post entitled Law Commission of Ontario Releases Papers on Defamation.

The Law Commission of Ontario has released a fifth and final background paper as part of its project on Defamation Law in the Internet Age.

The paper is entitled Reputation systems, ADR, Industry Regulation and other Extra-Judicial Possibilities for Protecting Reputation in the Internet Age.

Law Commission of Ontario Releases Papers on Defamation

The Law Commission of Ontario has released four (4) background papers as part of its "Defamation Law in the Internet Age" project.

They are:

• Defamation Law in the Age of the Internet: Young People’s Perspectives, Jane Bailey and Valerie Steeves, Co-Leaders of the eQuality Project, University of Ottawa
• Is “Truthtelling” Decontextualized Online Still Reasonable? Restoring Context to Defamation Analysis in the Digital Age, Karen Eltis, Professor of Law, University of Ottawa
• Internet Intermediary Liability in Defamation: Proposals for Statutory Reform, Emily Laidlaw, University of Calgary, Faculty of Law, and Hilary Young, University of New Brunswick, Faculty of Law
• The Relationship Between Defamation, Breach of Privacy and Other Legal Claims Involving Offensive Internet Content, David Mangan, City University London

Law Commission of Ontario Final Report on Legal Capacity, Decision-Making and Guardianship

The Law Commission of Ontario (LCO) has released its Final Report on Legal Capacity, Decision-making and Guardianship.

From the Executive Summary:

"Legal capacity, decision-making and guardianship laws affect thousands of Ontarians and their families every day. Most obviously, these laws affect the approximately 17,000 Ontarians who are currently subject to some kind of a guardianship order or the thousands of others whose capacity is assessed as part of obtaining consent to health care treatments, for admission to residency to a long term care home, or as part of the provision of many other services. In addition, every Ontarian who has ever granted or been given a power of attorney is affected by this area of law (...)"

"Does the System Reflect Contemporary Needs?
Over the years, Ontarians have developed increasingly nuanced and sensitive understandings of the needs and capabilities of the individuals, families, and others affected by these laws. The Final Report considers whether the system in Ontario reflects and responds to these understandings. The LCO considers needs from multiple perspectives, including persons directly affected, families, service providers and professionals, and others. The LCO also considers needs in light of demographic and social trends, changing family structures, and Ontario’s cultural and linguistic diversity."

"Is the System Working on the Ground?
The LCO’s Final Report discusses the legislative framework and objectives of Ontario’s capacity, decision-making and guardianship system at length. The Final Report considers whether Ontario achieves these objectives in practice. In other words, the project considers whether there is gap between the formal law – as expressed in statutes – and lived experience of the legislation. Understanding and addressing the “implementation gap” is an important theme in the Final Report."

"Are the System’s Legal Protections Adequate and Accessible?
Meaningful access to justice underpins the entire legal capacity, decision-making and guardianship system. Effective and appropriate mechanisms for dispute resolution and rights enforcement are therefore a priority in the Final Report."

The report makes a number of proposals that would reduce abuse of vulnerable individuals, including elder abuse and reduce misuse and abuse of powers of attorney though better education, transparency and monitoring.