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."

New Zealand Law Commission Consultation Paper on Hate Crime

The Law Commission of New Zealand recently published a consultation paper on hate crime.

"This review has its origins in the 15 March 2019 terrorist attack on Christchurch masjidain (Muslim places of worship), which claimed the lives of 51 people, leaving 40 people with gunshot injuries. The murder, attempted murder and wounding of these people is a devastating example of a hate crime. It was committed by an individual with extreme right-wing views and lacking in empathy for “those he was able to ‘other’, most particularly Muslim migrants in Western countries”."

"A Royal Commission of Inquiry was established to investigate whether public sector agencies had done all they could to protect the people of Aotearoa New Zealand from terrorist attacks and whether more could be done to prevent attacks in the future (...)"

"In relation to hate crime, the Royal Commission recommended the creation of new hate crime offences. These would impose higher maximum penalties for crimes committed because of an offender’s hostility towards a group of people who have a common characteristic (...)"

"In March 2024, the Minister of Justice asked the Law Commission to review the law relating to hate crime. The Minister asked that we focus our work on whether the law should be changed to create hate crime offences as recommended by the Royal Commission."

The paper also discusses the experience of other jurisdictions, including England and Wales, Scotland and certain states in Australia. 

Recent Government of Canada Publications from the Weekly Acquisitions List

The Government of Canada's Weekly Acquisitions List is a list of publications by various public bodies and agencies of the federal government that were catalogued in the previous week. 

Among other documents, the most recent list features Canada's action plan on combatting hate:

The Acquisitions List also includes links to many of the recent Departmental Results Reports (DRRs). These are annual performance reports by individual federal government departments and agencies. The reports measure their performance as against the plans, priorities and expected results in their annual plans.

The Treasury Board Secretariat has gathered the various DRRs on one page for ease of consultation.

Outlaw Oceans Project Databases

I came across this recently: the Outlaw Oceans Project, a Washington-based journalism non-profit that publishes stories about human rights, labour and environmental issues on the high seas:

"More than 50 million people work offshore. Roughly 80 percent of the goods we consume reach us by way of the sea. Half the air we breathe comes from the oceans. And yet, this realm is home to a variety of urgent concerns that go largely overlooked by most news outlets because it is too costly, too dangerous and too time consuming to report on them. These concerns include the murder of stowaways, arms trafficking, illegal fishing, pollution, dumping, drilling and human slavery on fishing ships. The organization was founded and is directed by Ian Urbina, who produced an award-winning series in 2015 in The New York Times and a subsequent best-selling book in 2019."

"The Outlaw Ocean Project’s journalism is distinct not just in its focus, but also in how the reporting is conducted and distributed. Most of the stories are reported at least partially at sea. In the United States, the non-profit publishes its stories in various news outlets, including the New Yorker, NBC News, The Atlantic and The Washington Post. The reporting is also translated into a half dozen languages and further disseminated abroad in partnership with dozens of foreign newspapers, magazines, radio and television venues."

The Project offers a toolkit of 3 databases:

• Global Fishing Legislative Database: a 68-country database with laws and regulations on fishing, labour rules, vessel ownership and registration, etc.
• Oceans Actions Index: a compilation of input from advocates and researchers who were asked what can be done to better protect the oceans and its workers
• Oceans Investigations Guide: tips for the investigation of ocean-related crimes

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."

Canadian Prison Law Conference: Rights, Remedies and Decarceration

The Canadian Prison Law Association is partnering with the Peter A. Allard School of Law to organize the Canadian Prison Law Conference: Rights, Remedies and Decarceration in Vancouver on October 4-6, 2024.

The event will include topics such as "Indigenous self-determination and Indigenous justice practices, life sentences, solitary confinement in its many forms, enforcing human rights in places of detention, abolitionist legal strategies, constitutional rights and remedial possibilities, prison law and legal education, and more."

The conference program can be found online.

Recent Government of Canada Publications from the Weekly Acquisitions List

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government. 

It is a record of all publications catalogued in the previous week.

Some of the documents in the most recent list include:

• Former Indian Residential Schools Environmental Scan: Status of Sites and Buildings (Indigenous Services Canada): "The Indian Residential School Settlement Agreement was the result of a national class action litigation on behalf of former students of the Indian Residential Schools system. Implementation of the Settlement Agreement began on September 19, 2007 and addresses the legacy of the Indian Residential Schools (...) n May 27, 2021, Tk'emlúps te Secwe̓pemc First Nation in British Columbia announced that a search by ground penetrating radar identified 215 unmarked burials of children at the former Kamloops Indian Residential School. This was a confirmation of known stories for Indigenous peoples, and a tragic reminder of the history and legacy of residential schools. Following this confirmation, federal departments deployed efforts to support communities, Survivors and families (...) To further support Survivors and communities in addressing the legacy of residential schools, Indigenous Services Canada (ISC) undertook the IRS Environmental Scan in 2022-2023. The IRS Environmental Scan includes contemporary information on location, ownership, and condition of residential school buildings and sites building on publicly available data sets ... and publicly available information."
• Working with victims of hate (Justice Canada): "This chapter first focuses on the definition of hate crimes, to give support workers an idea of the scope of what might happen to victims. The chapter then moves to professional issues one should consider when working with any victim, but especially victims of hate crimes. This highlights general issues that support workers need to understand when dealing with sensitive issues around culture, prejudice, and society. In our current cultural context, one cannot ignore the role of the internet and social networks as a  medium for hate and hate groups as well as supports for perpetrators. Finally, the chapter concludes with a focus on the psychological impact of being a hate crime victim, including suggestions on what support workers might do to help victims."

New South Wales Law Reform Commission Paper on Racial and Religious Vilification

The Law Reform Commission in the Australian state of New South Wales has issued a so-called options paper on serious racial and religious vilification.

It is part of a consultation on the effectiveness of section 93Z of the Crimes Act 1900 (NSW) in addressing serious racial and religious vilification in the state. 

The paper briefly outlines some of the options for reform of s 93Z.

That section makes it an offence for a person, by public act, to intentionally or recklessly threaten or incite violence towards another person or a group of persons on any of the following grounds: race; religious belief or affiliation; sexual orientation; gender identity; intersex status; or HIV or AIDS status.

Most Recent Annual Report of Amnesty International

The human rights NGO Amnesty International this week released its most recent report on the situation of human rights worldwide.

Not a pretty picture...

Regression on many fronts, according to the report. 

The organization's secretary general calls the situation "a descent into a hell."

Recent Government of Canada Publications from the Weekly Acquisitions List

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government. 

It is a record of all publications catalogued in the previous week.

The most recent list had a few documents that attracted my attention:

• Organized crime involvement in vehicle theft in Canada (Criminal Intelligence Service Canada)
• Every voice counts: Anti-racist transformation from the inside out (Canadian Human Rights Commission)
• Evaluation of the British Columbia Exemption to Allow for Personal Possession of Small Amounts of Illegal Drugs (Canadian Institutes of Health Research)
• Indigenous Mobility and Canada’s International Borders: Reflecting back and looking forward (Immigration, Refugees, and Citizenship Canada)

New Canadian Human Rights Commission Documents on Workplace Harassment

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government. 

It is a record of all publications catalogued in the previous week.

The most recent list includes 2 documents from the Canadian Human Rights Commission on the prevention of workplace harassment and violence:

• Preventing and addressing workplace harassment and violence : a guide for federally regulated employers: "The purpose of this guide is to help federally regulated employers develop a human rights-based approach to preventing and addressing workplace harassment and violence, and to meet their obligations under the Canadian Human Rights Act (CHRA) and the Canada Labour Code (Code). The information in this guide is intended to help federally regulated employers understand their responsibilities in creating and maintaining work environments free from  workplace harassment and violence. That said, employers should also consult the CHRA, the Code, the Work Place Harassment and Violence Prevention Regulations (Regulations), and any applicable collective agreement to ensure that they are meeting all of their related legal obligations."
• Human rights-based approach to workplace investigations: "Workplace harassment and violence create systemic barriers to equality in employment. They can cause significant and long-lasting psychological, emotional, and physical harm to those involved. They can profoundly impact a person’s dignity and negatively affect their ability to earn a living, to feel safe and secure, and to meaningfully take part in society. Unaddressed, workplace harassment and violence can decrease productivity and morale, and lead to increased turnover, absenteeism, and health care costs. Workplace investigations are an important way an employer can prevent and resolve issues of workplace harassment and violence. This guide will help federally regulated employers learn more about what is required to conduct workplace investigations in a way that respects people’s human rights and promotes a healthy and inclusive workplace."

Statistics Canada Report on Quality of Life in High Hate Crime Areas

Statistics Canada recently published a report showing that areas with high rates of hate crime also report lower scores on quality of life indicators:

"The total police-reported hate crime rate in 2022 across Canada was 9.2 incidents per 100,000 population, almost double the rate of 5.2 in 2019. The increasing trend in the number of hate crimes in Canada has provoked interest in exploring the social impacts and trends possibly associated with hate crimes (...)"

"Individuals subjected to hate crimes based on their race, ethnicity, religion, or a similar characteristic may experience heightened psychological distress. This is because such incidents represent an assault on a fundamental part of the victim's personal identity."

"Overall, at the community level, the percentage of people self-reporting positive mental health was lower among those living in a city that was a HHCA than those living in cities with lower rates of hate crime. This was true for both men and women. All told, 49% of men and 43% of women in HHCAs [High Hate Crime Areas] reported positive mental health, compared with 54% of men and 46% of women in cities with lower hate crime rates. It should be noted that regardless of hate crime rates, men were more likely to report positive mental health (54%) than women (44%)."

"In HHCA cities, racialized people were less likely to report positive mental health (44%) than non-racialized people (51%). On the other hand, in cities with relatively low rates of hate crime, racialized people were more likely to report positive mental health (51%) than non-racialized people (49%)."

Canadian Bar Association Practice Tools on Business and Human Rights

The Canadian Bar Association has developed tools to help practitioners navigate the area of business and human rights.

"Businesses, including their subsidiaries and partners, are not isolated from the societies in which they operate, nor are they insulated from events occurring in places where they secure raw materials and other goods. These facts are underscored by two recent and high-profile international developments: the February 2021 military coup in Myanmar; and the persecution of Uyghurs and other minorities in China's Xinjiang province. As a result, companies in Canada and across the globe are being required to examine their operations to ascertain what links, if any, they have to any ongoing human rights abuses in these territories. Situations like these will continue to present themselves, and will require Canadian lawyers and their clients to examine operations and formulate responses. This guide is meant to assist Canadian (external and in-house) practitioners with these efforts."

30 Documents for 75th Anniversary of the United Nations Declaration of Human Rights

Today marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR).

It was adopted by the United Nations General Assembly in 1948 and remains of the world's most important documents defining rights.

The UN Dag Hammarskjöld Library in New York has selected 30 key documents related to the 30 articles of the UDHR.

Presentations from Recent Course of the International Association of Law Libraries

The International Association of Law Libraries recently held its 41st Annual Course in Geneva, Switzerland.

Many of the presentations are now inline.

Some highlights:

• The New Roles of the World Trade Organization after the Pandemic Crisis
• The Swiss Legal Order and International Law: Does Direct Democracy Make a Difference?
• The Work of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
• The War in Ukraine: Challenges and Opportunities for International Humanitarian Law
• Intellectual Property and Access to Medicines: Perspective from Médecins Sans Frontières
• Current Issues in Disarmament and Arms Control
• From Words to Deeds, Understanding Armed Non-State Actors Practice and Interpretation of International Humanitarian and Human Rights Norms

Auditor General Report on Inclusion of Racialized Employees in the Canadian Public Sector

The Government of Canada Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government.

In a recent edition of the list, there was a link to a document from the Office of the Auditor General entitled Inclusion in the workplace for racialized employees : independent auditor's report.

"Many initiatives have been undertaken in the public service over decades to address known barriers and inequities in the workplace. None of these resulted in the full removal of barriers and in the achievement of equity (...)"

"To assess progress made to foster an inclusive organizational culture in the federal public service, we selected 6 organizations responsible in whole or in part for providing safety, the administration of justice, or policing services in Canada. Together, they employ about 21% of workers in the federal core public administration. We found that while all organizations we examined had established equity, diversity, and inclusion action plans, there was no measurement of or comprehensive reporting on progress against outcomes for racialized employees in each organization. As a result, the 6 organizations did not know whether their actions had made or would make a difference in the work lives of racialized employees."

"Practices for gathering and analyzing disaggregated data were also mixed across the 6 organizations. None examined performance rating distribution or tenure rates for racialized employees, and only some examined survey results and representation, promotion, and retention data at disaggregated levels. These differing approaches make it difficult to track and report on results for racialized employees or progress in inclusion across these federal workplaces."

"Not using data to understand the lived experiences of racialized employees in the workplace means that organizations and the public service as a whole are missing opportunities to identify and implement changes that could yield improved employment experiences for racialized employees. For example, we found that the 6 organizations we examined did not analyze complaint data to inform how they handled complaints of racist behaviours and related power imbalances despite racialized employees’ concerns about the existing processes. As well, organizations were not always using performance agreements for executives, managers, and supervisors to set expectations for desired behaviours to foster inclusion and create accountability for change (...)"

"The 6 organizations we examined had continued to focus on meeting workforce representation goals, including aligning the composition of their workforce with that of Canadian society. While this established approach is an important first step, it is not enough to fuel a sustained shift in organizational culture. Employment equity legislation in Canada has existed since the 1980s, so it alone is not enough to achieve the meaningful change to a workplace that is not only diverse but truly inclusive."

Manitoba Law Reform Commission Report on Non-Disclosure Agreements in Misconduct Settlements

The Manitoba Law Reform Commission has published a report on the use of Non-Disclosure Agreements in the Settlement of Misconduct Claims.

A non-disclosure agreement (NDA) is a contract which restrains parties from disclosing certain information. Several high profile situations in recent years have shone light on concerns with respect to NDAs used to settle misconduct claims. This includes the harm which can be perpetuated when NDAs are used to silence victims of misconduct, particularly sexual misconduct, in exchange for money.

Proponents of NDA legislation voiced concerns over their use to shut up complainants and potentially perpetuate wrongdoing. On the other hand, the Commission was cautioned about the potential negative impacts that proposed legislation could have on complainants, respondents, and the legal system in Manitoba at large. These negative impacts could include: an increase in lengthy, public and potentially contentious court hearings, potential contractual uncertainty, a decrease in the significant number of out-of-court settlements, and the exacerbation of access to justice issues.

The Commission recommends that any legislation should be drafted narrowly and cautiously, and address only the most pressing concerns.

• any legislation should govern NDAs which prohibit or restrict the disclosure of information concerning claims of harassment, discrimination and abuse.
• it should only require that a complainant have a reasonable opportunity to receive independent legal advice in order for an NDA to be valid and enforceable.
• it should indicate that pre-dispute NDAs (NDAs that are signed by parties before a claim of misconduct is ever made, in order to prevent disclosure following a hypothetical future dispute) are unenforceable.
• information can always be disclosed by a complainant: (1) as required under provincial or federal law, (2) to their lawyer, (3) to persons qualified to provide medical, psychological, mental health, spiritual, or other related support, (4) as required to financially account for, dispose of, or invest the settlement funds, or (5) as required for income tax reporting.

The report examines the state of the law on NDAs in many Canadian provinces, the United States, Ireland, Australia and the United Kingdom.

House of Commons Standing Committee on Justice and Human Rights Report on Reforming Canada's Extradition Act

The House of Commons Standing Committee on Justice and Human Rights has released a report on Reforming Canada's Extradition System:

"According to customary international law, states are responsible for prosecuting and penalizing criminal offences committed within their jurisdiction. However, they cannot enforce their laws outside of their jurisdiction. Thus, extradition is the process by which 'an accused or convicted person located in one country is surrendered to another country for the purpose of prosecution or for the imposition or enforcement of a sentence.' The Extradition Act (the Act) provides a framework for this procedure in Canada."

"The Supreme Court of Canada has stated that the extradition process serves two objectives: 'the prompt compliance with Canada’s international obligations to its extradition partners, and the protection of the rights of the person sought.' According to experts who support reforming the Act, this balance needs to be re-established. The shortcomings of the Act were highlighted by the Diab case, which was shocking for Canadians. Hassan Diab was extradited to France and detained for three years in a maximum-security prison before being released, without ever standing trial. Some legal experts see this case as proof that the Act must be reformed, because according to the independent review of his extradition prepared by lawyer Murray Segal for the Department of Justice, the Crown did comply with the Act, despite the consequences Mr. Diab faced."

"According to some members of the Canadian legal community, the biggest problem is the legal foundation for extradition and its subsequent interpretation by Canadian courts, particularly in regard to international human rights law and the Canadian Charter of Rights and Freedoms (...)"

"On 22 September 2022, the House of Commons Standing Committee on Justice and Human Rights (the Committee) agreed to undertake a comprehensive study on reforming the 1999 Extradition Act and to invite witnesses to provide recommendations to the Committee on how to modernize the current system so that the civil liberties of all Canadians and permanent residents of Canada are upheld in extradition proceedings."

CBC Report Card on Implementation of Calls for Justice of National Inquiry into Missing and Murdered Indigenous Women and Girls

Canada's public broadcaster, the Canadian Broadcasting Corporation (CBC), has created a report card on the implementation of the recommendations in the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

According to the CBC:

"It’s been four years since the National Inquiry into Missing and Murdered Indigenous Women and Girls released 231 calls for justice."

"Those calls tackled 18 areas needing reform, including education, justice and health."

"To date, only two of the 231 calls have been completed — and more than half haven’t even been started, according to CBC’s analysis."

"Here’s a look at the status of each of them."

That Inquiry final report was issued in June 2019.

After more than 3 years of meetings and gathering testimony, the Inquiry made 231 calls for action to government, institutions and the larger Canadian public to help address endemic levels of violence directed at Indigenous women and girls and what the report calls 2SLGBTQQIA (two-spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual) people.

One of the supplementary reports explains the legal reasoning behind the Inquiry's declaration that the disproportionate levels of violence suffered by Indigenous women and girls in Canada could be considered a form of "race-based genocide (...)  empowered by colonial structures, evidenced notably by the Indian Act, the Sixties Scoop, residential schools and breaches of human and Indigenous rights, leading directly to the current increased rates of violence, death, and suicide in Indigenous populations".

Among its findings, the report stated that Indigenous women and girls are 12 times more likely to be murdered or to go missing than members of any other demographic group in Canada.

At the time of the release of the final report, the CBC website condensed the calls for action for easier understanding.

Amnesty International Annual Report

The international human rights organization Amnesty International (AI) has published its most recent annual report on the state of human rights around the world.

In her introduction to the document, the organization's Secretary General Agnès Callamard writes:

"2022 may have been a turning point for the international order. It certainly saw a renewal of the Atlantic alliance, with a level of cooperation between the US and other Western powers that a year ago, in the wake of the chaotic 2021 Afghanistan withdrawal, would have been hard to imagine."

"But there was no turning point on the human rights front. Rather, the descent continued unchecked. Russia’s aggression served to further destabilize an international multilateral system already weakened by decades of powerful states flouting international law with impunity. The war diverted resources and attention away from the climate crisis, other long-standing conflicts and human suffering the world over."

"The West’s response to Russia’s invasion of Ukraine also underscored its own double standards, and its inconsequential reactions to so many other violations of the UN Charter. This in turn further fuelled instability and impunity."

"If Russia’s war of aggression demonstrates anything for the world’s future, it is the importance of an effective and consistently applied rules-based international order. Those leading the coalition in support of Ukraine must step up their efforts, and partner with others, for a renewed commitment to an international system that benefits the majority of the world’s population."

"2023 marks the 75th anniversary of the Universal Declaration of Human Rights, a document created from the ashes of a world war. Let us not wait for the world to burn yet again to truly live by the freedoms and principles that came at the cost of millions of lives. 2023 must be a turning point for upholding human rights: anything less from the world's leaders is a betrayal which could take the world to the abyss."