Month October 2024

Canadian Judicial Council Outlines Guidelines for Use of AI in Courts

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The Canadian Judicial Council (CJC), the body responsible for improving the quality of judicial services provided in Canada’s superior courts, has issued new guidance on the use of artificial intelligence in Canadian courts. According to a CJC news release, in issuing these guidelines, the CJC aims to “raise awareness of the risks inherent in the use of artificial intelligence tools” and provide information on how AI tools can be effectively and appropriately applied to assist judges in their responsibilities.

There are seven guidelines discussed in the report:

  • Protect judicial independence
  • Use AI consistently with core values and ethical rules
  • Have regard to the legal aspects of AI use
  • Subject AI tools to stringent information security standards
  • Ensure that AI tools used in court applications are able to provide understandable explanations for their decision-making output
  • Ensure regular tracking of the impact of AI deployments by courts
  • Develop a program of education and provide user support

Guidelines for the Use of Artificial Intelligence in Canadian Courts was prepared for the Canadian Judicial Council by Martin Felsky, Ph.D., J.D., and Professor Karen Eltis. It is available in English here: https://cjc-ccm.ca/sites/default/files/documents/2024/AI%20Guidelines%20-%20FINAL%20-%202024-09%20-%20EN.pdf and in French here: https://cjc-ccm.ca/sites/default/files/documents/2024/AI%20Guidelines%20-%20FINAL%202024-09%20-%20FR.pdf.

The news release is available in English here: https://cjc-ccm.ca/en/news/canadian-judicial-council-issues-guidelines-use-artificial-intelligence-canadian-courts and in French here: https://cjc-ccm.ca/fr/nouvelles/le-conseil-canadien-de-la-magistrature-publie-des-lignes-directrices-sur-lutilisation-de.

National Action Committee Publishes Annual Report Highlighting Progress on Canada’s Justice Development Goals

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The national Action Committee on Access to Justice in Civil and Family Matters published their annual report on Canada’s justice development goals. The 2024 publication provides details on access to justice initiatives and projects that took place nationally, and in Canada’s provinces and territories during 2023. For the recently released report, 253 organizations provided feedback on their activities.

The report includes progress on the following goals:

  • Justice Development Goal (JDG) 1: Address Everyday Legal Problems
  • Justice Development Goal (JDG) 2: Meet Legal Needs
  • Justice Development Goal (JDG) 3: Make Courts Work Better
  • Justice Development Goal (JDG) 4: Improve Family Justice
  • Justice Development Goal (JDG) 5: Work Together
  • Justice Development Goal (JDG) 6: Build Capability
  • Justice Development Goal (JDG) 7: Innovate
  • Justice Development Goal (JDG) 8: Analyze and Learn
  • Justice Development Goal (JDG) 9: Improve Funding Strategies

Canada’s Justice Development Goals: 2023 Highlights is available in English here: https://ajrn.org/wp-content/uploads/2024/10/75a92-2023jdgshighlights.pdf  and in French here: https://ajrn.org/wp-content/uploads/2024/10/cb3e7-french2023odj.pdf.

New OECD Report Provides Guidance on Measuring and Improving Access to Justice in Courts

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The Organisation for Economic Co-operation and Development (OECD) published a new policy paper aimed at helping countries adopt the OECD’s Recommendation on Access to Justice and People-Centred Justice Systems. “Measuring and Improving Access to Justice in Courts: Learning from the United Kingdom’s Experience” outlines a replicable model for developing an evidence-based approach for defining, measuring, improving, and monitoring access to justice in court services.

The report presents details on the following seven pillars for advancing these access-to-justice objectives:

  • Review the organisational foundations of access to justice before engaging in work to measure and improve access to justice
  • Adopt a clear definition of access to justice, in consultation with justice stakeholders
  • Measure access to justice in ways that align with the organizational definition and data strategy.
  • Understand existing barriers and challenges and their underlying causes
  • Identify and adopt targeted improvements for court services
  • Monitor the changes and data; ensure there is a plan for tracking progress
  • Identify and address evidence gaps

The OECD report on “Measuring and Improving Access to Justice in Courts: Learning from the United Kingdom’s Experience” is available online here: https://www.oecd-ilibrary.org/governance/measuring-and-improving-access-to-justice-in-court-services_a8226ccc-en.

Information in this post was gleaned from the OECD Measuring and Improving Access to Justice in Courts report.

Canadian Judicial Council Publishes Guidelines for Social Media Use by Federally Appointed Judges

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A new publication by the Canadian Judicial Council (CJC) outlines guidelines for the use of social media by federal judges in Canada. The Guidelines discuss:

  • General principles of social media use
  • The review of social media accounts upon appointment
  • Self-identification on social media accounts
  • Creating and interacting with social media accounts
  • Connections through social media
  • Privacy and security, and
  • Training and education

The Guidelines examine the benefits and risks of social media use by federally appointed judges, and aim to provide information on how federally appointed judges can safely use social media. According to a CJC press release, benefits of social media use include: the chance to “connect with the broader judicial community; facilitate public education about the judicial role and the legal system; maintain personal connections with friends and family, which is an important component of judicial wellness; and educate judges on a technology that may arise in cases before them.”

Guidelines on the Use of Social Media by Federally Appointed Judges / Guide sur l’utilisation des médias sociaux par les juges de nomination fédérale is available online here: https://cjc-ccm.ca/sites/default/files/documents/2024/Guidelines%20on%20the%20Use%20of%20Social%20Media_bil_Final.pdf.

Manitoba Announces Dates and Theme for 2024 Access to Justice Week

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This year, Access to Justice Week in Manitoba will be held from October 28th to November 1st, 2024. Manitoba Access to Justice Week provides an opportunity for justice stakeholders to meet to discuss a shared focus on meaningful solutions that improve the justice system for its users. This year, the theme of Manitoba Access to Justice Week is Increasing Impact: Collaboration, Change, and Capacity Building.

The University of Manitoba’s Faculty of Law, The Law Society of Manitoba and the Manitoba Bar Association are supporting events during this year’s Access to Justice Week. Events taking place online include:

All events offer 1.5 hours of continuing professional development (CPD). To register, or for more information about Manitoba Access to Justice Week, visit: https://mbaccesstojustice.ca/access-to-justice-week-2024/ or https://news.umanitoba.ca/access-to-justice-week-is-october-28th-november-1st-2024/.