Record STMT-W6E4AC6Soft law

Notice to the Parties and the Profession: The Use of Artificial Intelligence in Court Proceedings

NOTICE TO THE PARTIES AND THE PROFESSION The Use of Artificial Intelligence in Court Proceedings

Guidelines State lawNorthern America · CAin force

This notice from the Federal Court of Canada requires parties, counsel, and interveners to inform the Court and opposing parties via a declaration if submitted litigation documents contain content generated by artificial intelligence. It outlines principles regarding caution, human verification, and neutrality when using AI tools, while clarifying that the Court itself will not use automated decision-making tools for judgments without public consultation. The guidelines aim to maintain the integrity of judicial proceedings, protect the rule of law, and ensure transparency.

Summary and content fields are drawn from the document text and are pending editorial review.

Who issued it

Federal Court of CanadaJudiciary · CA

Lead issuer

Legal forceSoft law

Under whose authorityState law

Judged fromfull text

Who it governs

Professional groupNational governmentOther

Counsel, parties, and interveners appearing before the Federal Court of Canada who intend to use artificial intelligence in preparing litigation documents.

Sectors

Justice · Federal Court proceedings

What the document contains

What's covered

The notice covers the requirement to declare AI-generated content in litigation documents submitted to the Federal Court, defines the scope of AI applications requiring disclosure, and establishes guiding principles for counsel and litigants utilizing artificial intelligence tools.

What's missing

It does not provide specific penalties or sanctions for failing to submit a required AI declaration, nor does it establish technical standards for the software tools permitted.

Key takeaways

Parties must include a declaration in the first paragraph of litigation documents if AI was used to generate content acting as a co-author.
The notice does not apply to certified tribunal records, expert reports governed by specific rules, or tools that merely suggest changes or check grammar without generating content.
Counsel are urged to exercise caution and verify AI-generated legal references using reliable sources like CanLII or official court websites.
The inclusion of an AI declaration will not automatically attract an adverse inference by the Court.
The Federal Court commits not to use AI for rendering judgments without prior public consultation.

Principles it states

CautionHuman in the loopNeutrality

Outline

· 1. Declaration for AI-Generated Content
· 2. Principles on the Use of AI
· 3. Explanation of this Notice

Issued7 May 2024

Length1,490 words

FormatNot recorded

Scopenational

How it scores

Pending review

Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.

Accountability

4/5

Clear responsibility for AI outcomes

In this regard, the party signing a document submitted to the Court bears responsibility for the accuracy and veracity of its contents.

2. Principles on the Use of AI

screening score · 2026-10-23

Fairness

3/5

Non-discrimination and equitable treatment

Therefore, the Court provides this Notice to ensure fair treatment of all represented and self-represented parties and interveners.

3. Explanation of this Notice

screening score · 2026-10-23

Human Dignity

0/5

Respect for the inherent worth of persons

screening score · 2026-10-23

Human Oversight

4/5

Humans remain in control of consequential decisions

The Court urges verification of any AI-created content in these documents. This kind of verification aligns with the standards generally required within the legal profession.

2. Principles on the Use of AI

screening score · 2026-10-23

Privacy

0/5

Protection of personal data and private life

screening score · 2026-10-23

Transparency

4/5

Openness about how AI systems work and are used

This shall be done by a Declaration in the first paragraph stating that AI was used in preparing the document

NOTICE TO THE PARTIES AND THE PROFESSION

screening score · 2026-10-23

Enforcement

1/5

Consequences and compliance mechanisms with real force

Parties and interveners will continue to be held to the existing standards under the Federal Courts Rules.

2. Principles on the Use of AI

screening score · 2026-10-23

Impact Assessment

1/5

Required assessment of an AI system's risks/impacts before or during use

The Court recognizes both the risks and benefits of AI, and the potential for bias in AI programs

3. Explanation of this Notice

screening score · 2026-10-23

Topics

artificial_intelligence court_proceedings litigation legal_ethics transparency