Source: Torkin Manes LLP

Torkin Manes LLP provides a practical guide on the legal avenues available for challenging a decision made or influenced by an Artificial Intelligence system within the Canadian legal and administrative framework. As AI becomes more prevalent in decision-making processes, from immigration applications to benefits allocation, the potential for error or bias increases, making it crucial for individuals to understand their rights of recourse. The article outlines several potential grounds for launching such a challenge.

One of the primary grounds is a breach of procedural fairness, a cornerstone of Canadian administrative law. This could involve arguing that the decision-making process was opaque, that the individual was not given a proper opportunity to be heard, or that the decision-maker (in this case, the AI system and its overseers) was biased. Another avenue is to challenge the reasonableness of the decision itself, arguing that the outcome is not justifiable or intelligible based on the facts and the law. The article also touches on emerging legislation, like Canada's proposed Artificial Intelligence and Data Act (AIDA), which aims to create more explicit rights and transparency requirements for automated decision systems. The key message is that while AI introduces new complexities, established legal principles of fairness and reasonableness remain powerful tools for holding automated decisions accountable.