Primary Country (Mandatory)

United States

Other Country (Optional)

Set News Language for United States

Primary Language (Mandatory)
English
Other Language[s] (Optional)
No other language available

Set News Language for World

Primary Language (Mandatory)
English
Other Language(s) (Optional)

Set News Source for United States

Primary Source (Mandatory)
CNN
Other Source[s] (Optional)

Set News Source for World

Primary Source (Mandatory)
AajTak
Other Source(s) (Optional)
  • Countries
    • India
    • United States
    • Qatar
    • Germany
    • China
    • Canada
    • World
  • Categories
    • National
    • International
    • Business
    • Entertainment
    • Sports
    • Special
    • All Categories
  • Available Languages for United States
    • English
  • All Languages
    • English
    • Hindi
    • Arabic
    • German
    • Chinese
    • French
  • Sources
    • India
      • AajTak
      • NDTV India
      • The Hindu
      • India Today
      • Zee News
      • NDTV
      • BBC
      • The Wire
      • News18
      • News 24
      • The Quint
      • ABP News
      • Zee News
      • News 24
    • United States
      • CNN
      • Fox News
      • Al Jazeera
      • CBSN
      • NY Post
      • Voice of America
      • The New York Times
      • HuffPost
      • ABC News
      • Newsy
    • Qatar
      • Al Jazeera
      • Al Arab
      • The Peninsula
      • Gulf Times
      • Al Sharq
      • Qatar Tribune
      • Al Raya
      • Lusail
    • Germany
      • DW
      • ZDF
      • ProSieben
      • RTL
      • n-tv
      • Die Welt
      • Süddeutsche Zeitung
      • Frankfurter Rundschau
    • China
      • China Daily
      • BBC
      • The New York Times
      • Voice of America
      • Beijing Daily
      • The Epoch Times
      • Ta Kung Pao
      • Xinmin Evening News
    • Canada
      • CBC
      • Radio-Canada
      • CTV
      • TVA Nouvelles
      • Le Journal de Montréal
      • Global News
      • BNN Bloomberg
      • Métro
Kenneth Cole REACTION Mens Jeans Slim Fit Buy Now
Chantomoo Women's Corduroy Slippers Buy Now
LUENX Men's Polarized Aviators Buy Now
MAIBAOTA 8-Piece Men's Necklace Set Buy Now
Beefy-T Heavyweight Cotton Tee Buy Now
Business Casual Men Blazer Buy Now
4K Camera: 48MP/16X Zoom/3" Flip Screen Buy Now
HD Sound Bluetooth Speaker Buy Now
Stretch High Waisted Ripped Jeans Buy Now
Short-Sleeve V-Neck T-Shirt Buy Now
Regular Fit Straight Leg Jean Buy Now
Lenovo 14" Business Laptop w/ 40GB RAM, 1TB SSD Buy Now
ZENOTTIC Polarized Sunglasses Buy Now
Ninja BL770 Mega Kitchen System Buy Now
Anne Klein AK/3702 Watch Buy Now
Della Premium Shower Steamers Aromatherapy Buy Now
Runnatal Dish Drying Rack Buy Now
Cleaning Gel for Car, Tools, Laptop and Keyboard Cleaner Buy Now
Into the AM Men's T-Shirt Buy Now
Steel Toe Lightweight Shoes Buy Now
MoreBack to News Headlines
While courts still use fax machines, law firms are using AI to tailor arguments for judges

While courts still use fax machines, law firms are using AI to tailor arguments for judges

CBC
Thursday, March 2, 2023 1:22 PM GMT

This column is an opinion by Robyn Schleihauf, a writer and a lawyer based in Dartmouth, N.S. For more information about CBC's Opinion section, please see the FAQ.

It is no secret that the courts — and other bodies, such as provincial and federal human rights commissions, landlord and tenant boards, workers compensation boards, utility and review boards, etc. — are behind the times when it comes to technology.

For decades, these bodies repeatedly failed to adopt new technologies. Many courts still rely primarily on couriers and fax machines. The COVID-19 pandemic forced a suite of changes in the justice system, bringing things like virtual hearings to reality, but as we move back to in-person appearances, some courts and administrative decision makers are showing their continued resistance to adopting technology — debating things like whether to allow people to submit their divorce applications via email post-COVID.

Meanwhile, law firms and private sector lawyers are more technologically enabled than ever.

Law firms and lawyers can subscribe to legal analytics services, which can do things like use artificial intelligence (AI) to "read" a judge's entire record of decisions and sell that information to law firms so their lawyers can tailor their arguments to align with the judge's preferred word use and, arguably, their worldview. 

What this means is that legal analytics can root out bias, and law firms can exploit it.

While the use of AI to understand a judge may seem alarming, it has always been the case that lawyers could exploit some judges' biases. Lawyers have become increasingly specialized over the years and familiarity with the system — and the people within it — is part of what some clients are paying for when they hire a lawyer. 

Lawyers practising family law know which judges will never side entirely with the mother. Lawyers practising criminal law know who is generally sympathetic to arguments about systemic discrimination and who is not. Lawyers aren't supposed to "judge-shop," but stay in any circle of the law for long enough and you'll know which way the wind is blowing when it comes to certain decision makers. The system has always been skewed to favour those who can afford that expertise. 

What is different with AI is the scale by which this knowledge is aggregated. While a lawyer who has been before a judge three or four times may have formed some opinions about them, these opinions are based on anecdotal evidence. AI can read the judge's entire history of decision-making and spit out an argument based on what it finds. 

The common law has always used precedents, but what is being used here is different — it's figuring out how a judge likes an argument to be framed, what language they like using, and feeding it back to them. 

And because the legal system builds on itself — with judges using prior cases to determine how a decision should be made in the case before them — these AI-assisted arguments from lawyers could have the effect of further entrenching a judge's biases in the case law, as the judge's words are repeated verbatim in more and more decisions. This is particularly true if judges are unaware of their own biases.

Imagine instead if courts and administrative decision makers took these legal analytics seriously. If they used this same AI to identify their own biases and confront them, the justice system could be less vulnerable to those biases.

Issues like sexism and racism do not typically manifest suddenly and unexpectedly — there are always subtle or not so subtle cues — some harder to pinpoint than others, but obvious when stacked on top of each other. But the body charged with judicial accountability — the Canadian Judicial Council — relies, for the most part, on individual complaints before it looks at a judge's conduct. 

AI-generated data could help bring the extent of the problem of bias to light in a way that relying on individual complainants to come forward never could. AI has the capacity to review hundreds of hours of trial recordings or tens of thousands of pages of court transcripts — something that was previously inconceivable because of the human labour involved. 

Read full story on CBC
Share this story on:-
Run 3 Space | Play Space Running GamePlay Run 3, the ultimate space tunnel running game with 300+ challenging levels!Adv.
Traffic Jam 3D | Online Racing GameTraffic Jam 3D is a game where you’ll be driving through heavy traffic.Adv.
Duck Hunt | Play Old Classic GamePlay the classic 1984 light gun shooter game Duck Hunt on your browser.Adv.
More Related News
'The thrill of the hunt': Regina retro gamers scour the aisles for nostalgic gems

Chris Corbin's love of retro video games came from a cousin he lost as a child. His older cousin was a gamer with a few systems, and died at 15 when Corbin was 11.

3 Prince County residents dead after 2 Friday single-vehicle crashes

Three people are dead and one person is seriously injured after two single-vehicle crashes Friday on P.E.I.

What charging for COVID-19 vaccines means for Albertans going forward

When the province announced that most Albertans will have to pay for COVID-19 vaccines themselves going forward, the phones at Mohamed Elfishawi's two Edmonton pharmacies started ringing.

Indigenous people's health tightly tied to speaking their own languages, review finds

A new research review out of the University of British Columbia (UBC) has found that Indigenous people experience better health outcomes when they speak their traditional languages.

Lacrosse team Toronto Rock returning to Hamilton, to play at newly renamed TD Coliseum

The Toronto Rock are officially coming back to Hamilton.

Bankers, athletes, students are using drugs. This hotline tries to keep them safe

There's a national overdose hotline that some Canadians call before they're about to use drugs. But the people dialling in aren't who you might think.

Where to celebrate Canada Day in northwestern Ontario

Looking for something to do on Canada Day? Good news. There's a lot going on not just in Thunder Bay, but across northwestern Ontario on Tuesday, July 1.

7 tips to keep you safe on the Great Lakes this summer

With summer here and school out, families across southwestern Ontario are flocking to Lake Huron and Lake Erie. But with the beauty of the Great Lakes comes real danger, especially for inexperienced swimmers or those unfamiliar with lake conditions.

47 years — and some clashes — later, Pride flag seems to be gaining more Island allies

Forty-seven years after the rainbow Pride flag was first raised, Pride P.E.I. says the symbol still holds deep meaning as a sign of progress and a reminder that more work remains for true inclusion.

Northern fashion designer learns how to knit fur, hopes to bring skills back to N.W.T.

Beautiful, long-lasting and supports local harvesters — those are a few reasons why N.W.T. fashion designer D'Arcy Moses wants to incorporate fur knitting into his repertoire, and he's travelled to Ontario to learn how. 

Which 'next' is Danielle Smith's Ottawa-affairs panel steering Alberta toward?

Before taking their latest chance to weigh in on the wisdom of exiting the Canada Pension Plan, Albertans must first watch a five-minute video, most of which tries to persuade them how great an idea it is.

Pedestrian Sunday is back in Kensington this weekend, but future of festival remains unclear

Kensington Market's popular Pedestrian Sunday festival is back this month, but its future for the rest of the season remains unclear as organizers look for solutions on safety concerns and the problem of illegal vendors.

To 'build, baby, build,' this country is going to need a whole lot more shop teachers

To meet the federal government's promise to "build, baby, build," the country is going to need a whole lot more skilled trades workers. But a shortage of shop class teachers in Canadian high schools might make them hard to find. 

Parking Slot | Free Parking GamePlay Parking Slot, the best online 3D car driving and parking game.Adv.
Slope Ball Run - Play OnlineSlope Game takes you on an exciting journey of a ball on special paths.Adv.
Alberta premier intends to 'battle' injunction on transgender health-care law in court

After an Alberta judge granted a temporary injunction blocking a provincial law that would ban doctors from providing gender-affirming care to youth, Premier Danielle Smith said she intends to fight the decision in court.

Norman Wells store owner says timing is tight, but he'll try to get goods on 2nd barge to the Sahtu

The N.W.T. government is preparing to send a second barge up the Mackenzie River to the Sahtu region in the next few weeks. 

Canada orders China's Hikvision to close Canadian operations over security concerns

The Canadian government has ordered Chinese surveillance camera manufacturer Hikvision to cease operations in Canada over national security concerns, Industry Minister Melanie Joly said late on Friday.

Man charged after coaches say he threatened to stab someone at girls' soccer game in GTA

Police have charged a man with uttering threats after an incident during a U13 girls soccer game in Vaughan last week where coaches say a parent threatened to stab someone. 

Calgary pools turn tide on swimming lessons, lifeguard shortage

Public pools around Calgary are no longer treading water, after years of staffing shortages forced cuts to swimming lessons and operating hours.

Pitcher this: MUN herbarium home to thousands of N.L. botanicals

In a room full of tall metal cabinets, Julissa Roncal carefully flicks through stacks of manila folders. They're filled with pages of expertly pressed and dried plant specimens. 

Sudburian builds fleet of Star Wars droids as a hobby

If you're a Star Wars fan in the Sudbury, Ont., area, these might be the droids you're looking for.

Increase in dog bite incidents prompts Wolfville park to limit off-leash hours

After an unspecified number of incidents involving off-leash dogs at Reservoir Park, the Town of Wolfville, N.S., is running a pilot project until January that will limit the hours dogs can be off-leash.

N.B. Museum set to add 1st rare owl specimen found in the province in over 100 years

The New Brunswick Museum is set to add a rare great grey owl to its extensive bird collection in July. 

Nearly 2,000 households in need of new home as Quebec's moving day nears

With Quebec's moving day fast approaching, more than 2,000 households across the province are still searching for housing — 320 more than at the same time last year, according to the province's housing corporation. 

Eastman Pride helps bring celebrations to rural Manitoba communities this summer

Several first-time Pride events are coming to rural Manitoba communities this summer, as a local group works to spread the message of Pride throughout the province, and into places where they believe it's needed now more than ever. 

I thought my childhood dreams were out of reach. Then I came to study in Canada

This First Person column is written by Chidinma Favour Anosike, who lives in Regina, and is part of a Canada Day series exploring what Canada means to people across this country. For more information about First Person stories, see the FAQ.

© 2008 - 2025 Webjosh  |  News Archive  |  Privacy Policy  |  Contact Us