Source: Mondaq

The article on Mondaq, contributed by the law firm Fasken, provides a guide on how to challenge legal or administrative decisions in Canada that have been made with the assistance of Artificial Intelligence. It outlines the legal grounds available to individuals who believe they have been adversely affected by an automated decision-making process. The primary avenues for challenge are rooted in the principles of administrative law, particularly the duty of procedural fairness. This includes the right to be heard, the right to an impartial decision-maker, and, crucially in the context of AI, the right to a reasoned and transparent decision.

The piece explains that a key strategy is to challenge the "black box" nature of many AI systems. Litigants can argue that a decision is unlawful if the logic behind it cannot be adequately explained, thereby violating the right to a transparent process. Other potential grounds for challenge include demonstrating that the AI system was biased, used flawed data, or that its application in a specific context was unreasonable. The article also touches upon Canada's new Artificial Intelligence and Data Act (AIDA), which, once fully in force, will introduce more specific requirements for transparency and explainability in high-impact AI systems, creating new avenues for legal challenges.