June 28, 2023

AI Practice Direction has been Issued by Manitoba

Courtesy of Zeynab Ziaie; Manitoba has issued a new AI Practice Direction for disclosure of AI in preparing court submissions. It is a start and an important one because it speaks to the very essence of legal representation.  What is self-represented and what is the impact on the scope and the impact of AI in traditional legal representation, ghost representation etc.?  What is AI generated, modified, profiled etc. and what is not? Goes to notice and explicability.

All tribunals and Courts across Canada should consider a practice direction even a basic and broad one.  In the immigration context, parties should be required to sign a declaration and disclose if any AI was employed in the production of the Reasons, legal submissions and evidence before the Court.  This can well serve as a first attempt to at least place it on the radar that evidence before the Court generated by AI especially the evidence produced by alleged self-represented applicants will have to be viewed through a different lens because of the deep fake possibilities. To be continued…