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Canada: Federal Court publishes guidance on use of AI in court proceedings

On December 20, 2023, the Federal Court of Canada released guidance on the use of artificial intelligence (AI) in court proceedings. In particular, the Federal Court confirmed that it expects parties to proceedings to inform it, and each other, if they have used AI to create or generate new content in preparing a document filed with the Court. More specifically, the Federal Court requires a declaration for AI-generated content and compliance with principles on the use of AI. Importantly, the Federal Court clarified that the declaration requirement only applies to certain forms of AI, defined as a computer system capable of generating new content and independently creating or generating information or documents. This notice does not apply to AI that lacks the creative ability to generate new content.

You can read the press release here.

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