On December 20, 2023, the Federal Court issued a Notice to the
Parties and the Profession regarding the use of artificial
intelligence in court proceedings. In line with several other
provincial jurisdictions, the Notice required parties to inform the
Court, and the other parties, if they have used artificial
intelligence to create or generate new content in preparing a
document that is filed with the Court. If any such content has been
included in a filed document, the Notice provided that the first
paragraph of the text in that document must disclose that AI had
been used to create or generate that content. The Notice also
provided that counsel and the parties are to verify any AI-related
content – that there was a "Human in the loop"
– and set out principles to guide the use of AI in court
documents, including the exercise of caution and the use of only
well-recognized and reliable sources when referring to legal
authority or analysis.
