ERC Practice Notice on the Use of Artificial Intelligence

Following courts and tribunals’ elaboration of principles on the use of artificial intelligence (AI), the ERC recognizes that significant concerns continue to be raised regarding the use of AI tools in tribunal and court proceedings. These include “hallucinations” (refers to facts, citations, and other content fabricated by AI) and “deepfakes” (refers to AI-generated images of human subjects), and the potential fabrication of legal authorities through AI. Government department officials are also experimenting with the use of generative decision-making tools.

For its part, the ERC does not rely on any form of AI that has the capacity of generating content. This practice is set to continue as the ERC is committed, for the time being, to abstain from using AI, and more specifically automated decision-making tools, to draft its Findings and Recommendations.