Little disclosure of AI in Canadian policing and criminal justice systems

Author Sharlene Gandhi

A new set of reports says trustworthy and transparent systems are critical as artificial intelligence is already making its way into the Canadian criminal justice system. 

The Law Commission of Ontario (LCO) has published reports detailing the current use of AI in policing and justice systems across the country, including in bail and sentencing procedures, and trials and appeals. 

Despite artificial intelligence’s benefits, the LCO found jurisdictions are not required to disclose the AI tools they are using, and that there is a lack of clarity around how individuals can challenge AI-driven decisions in the justice system. 

Increasing use of algorithms also runs the risk of infringing on an individual’s fundamental rights, including access to public space, rights to protest and rights to freely associate, the LCO highlighted. 

In 2021, the RCMP stopped using Clearview AI after the Office of the Privacy Commissioner found that the vendor’s facial recognition technology violated federal privacy laws. 

Last year, the RCMP requested contractors to apply with AI-based solutions to help them “monitor the behavioural movements and vital sign(s) of person(s) held in custody within the RCMP’s holding cells.”

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  • Sharlene Gandhi is the Future of Good editorial fellow on digital transformation.

    Sharlene has been reporting on responsible business, environmental sustainability and technology in the UK and Canada since 2018. She has worked with various organizations during this time, including the Stanford Social Innovation Review, the Pentland Centre for Sustainability in Business at Lancaster University, AIGA Eye on Design, Social Enterprise UK and Nature is a Human Right. Sharlene moved to Toronto in early 2023 to join the Future of Good team, where she has been reporting at the intersections of technology, data and social purpose work. Her reporting has spanned several subject areas, including AI policy, cybersecurity, ethical data collection, and technology partnerships between the private, public and third sectors.

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