Unchartered Territories: Canadian Courts And Law Societies Grapple With The Use Of Generative Artificial Intelligence Tools

Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the associated risks of using this technology. Principle to these associated risks is the ability of GenAI to "hallucinate" (i.e., generate incorrect information).

This article canvasses developments in respect of: (1) practice directions issued by different Canadian courts on the use of GenAI in court filed materials; (2) notices on the courts' own use of GenAI; and (3) guidelines issued by various Canadian law societies on the use of GenAI in the legal profession.