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References to Artificial Intelligence in Canada's Court Cases

Published online by Cambridge University Press:  11 May 2020

Abstract

Artificial intelligence (AI) is a widely discussed topic in many fields including law. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. This project aims to study how Canada's courts have referred to AI, given the importance of the reasonings of justices to the policy makers who determine society's rules for the usage of AI in the future. Decisions from all levels of both Canada's provincial and federal courts are used as the data sources for this research. The findings indicate that there are four legal contexts in which AI has been referred to in the Canadian caselaw including: legal research, investment tax credits, trademarks and access to government records. In this article the authors use these findings to make suggestions for legal information management professionals on how to develop collections and reference services that are in line with the new information needs of their users regarding AI and the rule of law.

Type
International Perspectives
Copyright
Copyright © The Author(s) 2020. Published by British and Irish Association of Law Librarians

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References

Footnotes

1 McCarty, L. Thorne. & Sridharan, M. S. (1982) A Computational Theory of Legal Argument. Technical Report LRP-TR-13. Computer Science Department, Rutgers University.

2 Rissland, Edwina L., Ashley, Kevin D. & Branting, L. Karl. (2005) Case-based reasoning and law. The Knowledge Engineering Review 20(3), 293298CrossRefGoogle Scholar.

3 Aamodt, Agnar & Enric Plaza. (1994) Case-based reasoning: foundational issues, methodological variations, and system approaches. AI communications 7(1), 39–59.

4 Ashley, Kevin D. (1992) Case-based reasoning and its implications for legal expert systems. Artificial Intelligence and Law 1(2–3), 113208CrossRefGoogle Scholar.

5 Ben-Ari, Daniel, et al. (2016) Artificial intelligence in the practice of law: An analysis and proof of concept experiment. Rich. JL & Tech 23(2).

6 Alarie, Benjamin, Niblett, Anthony, & Yoon, Albert H. (2016) Using machine learning to predict outcomes in tax law. Canadian Business Law Journal 58 (3), 231–254.

7 Alarie, Benjamin, Niblett, Anthony, & Yoon, Albert H. (2016) Law in the future. University of Toronto Law Journal 66(4), 423–428.

8 Leith, Philip. (1988) The application of AI to Law. AI & Society 2(1), 31–46.

9 Charles, John. (1998) Al and law enforcement. IEEE Intelligent Systems and their Applications 13(1), 77–80.

10 Charles, John. (1998) Al and law enforcement. IEEE Intelligent Systems and their Applications 13(1), 77–80.

11 Doshi-Velez, Finale, et al. (2017) Accountability of AI under the law: The role of explanation. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3064761.

12 Castel, J. G., & Castel, Matthew E. (2016) The road to artificial super-intelligence: Has international law a role to play? Canadian Journal of Law and Technology 14(1)Google Scholar.

13 Ibid.

14 Ibid.

15 Ben-Ari, Daniel, Frish, Yael, Lazovski, Adam, Eldan, Uriel, & Greebaum, Dov. (2017) Artificial intelligence in the practice of law: an analysis and proof of concept experiment. Richmond Journal of Law and Technology 23(2).

17 Remus, Dana, & Levy, Frank. (2017) Can robot be lawyers? computers, lawyers, and the practice of law. The Georgetown Journal of Legal Ethics 30(3), 501–558.

19 Revelations Research Ltd. v. Minister of National Revenue, [1992] 1 C.T.C. 2136. Retrieved from https://nextcanada.westlaw.com

20 Knowledge Network of the West Communications Authority v. Leppik, [1989] 27 C.P.R. (3d) 92. Retrieved from https://nextcanada.westlaw.com.

21 Cognos Inc. v. Cognisys Consultants Inc., [1994] 53 C.P.R. (3d) 552. Retrieved from https://nextcanada.westlaw.com

23 Srivastava, S. (2019) Top 10 countries leading the artificial intelligence race. Retrieved from https://www.analyticsinsight.net/top-10-countries-leading-the-artificial-intelligence-race/.

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