Artificial Intelligence (AI) in Federal Court

On December 20, 2023, the Federal Court released a Notice to the Parties and the Profession on the use of Artificial Intelligence (AI). The Notice applies to all documents that are either submitted to the Court or prepared for the purpose of litigation.

Per the Notice, the Court recognizes the value of AI and does not prohibit its use. To increase transparency, however, the Court requires a declaration in any document that contains AI-generated content which is prepared for the purpose of litigation and submitted to the Court. This declaration must be in the first paragraph of the document and should read: “Artificial intelligence (AI) was used to generate content in this document.”

Concurrent with the release of the Notice, the Federal Court released a separate webpage titled “Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence.” As noted therein (among other things), the Court will not use AI to make its decisions or render its judgments without first engaging in public consultation.

Prepared by: Molly Martin

Molly Martin is an associate practicing in the firm’s Toronto office. Molly’s practice focuses on tax litigation and taxpayer representation at every level and also includes tax planning for businesses, individuals, not-for-profits and charities. Molly Martin writes on tax issues… more »