AI Decision-Making: Protecting Rights Through Litigation and Regulation in Canada and the United States

An Online Panel Discussion Organized by the

Law Commission of Ontario & the Co-Editors of Litigating Artificial Intelligence (Emond, 2021)


Thursday, December 9, 2021


*Live Event Link to be Emailed to Registrants on the Day of the Event*


The Event

Join the Law Commission of Ontario, the co-editors of Litigating Artificial Intelligence (Emond, 2021) and experts from Canada and the United States in a 90-minute panel discussion contrasting the role of litigation and regulation in protecting rights impacted by artificial intelligence (AI) and automated decision-making (ADM) in the public and private realms.

This live online discussion will be hosted on Zoom and is designed to facilitate interaction between the panelists and audience. Registration is free of charge but spaces are limited.


The Issues

AI and ADM systems are increasingly adopted to aid or automate criminal adjudication, civil litigation, and administrative decision-making in the United States, Canada, Europe, and elsewhere. Transparency, fairness, and due process are critical mandates of all these systems and must be protected.

But AI and ADM raise new and unique concerns for access to justice: insufficient notice and disclosure, deference to automated recommendations, biased training data and tools, unclear litigation pathways and limited litigant supports, and ultimately black-box decision-making.

How do litigation and regulation respectively promote transparency, fairness, and due process of AI and ADM systems? What are the respective strengths, limitations, and roles of regulation and litigation in promoting deterrence and oversight? How do they (or could they) work together to better protect rights? And what supports are needed to ensure access to justice in both the private and public realms?

This discussion will leave participants with a clearer understanding of the how AI is used in public and private decision-making, where the gaps exist in current legal frameworks, and how litigation and regulation can be used to respectively unpack AI systems and better protect the fundamental right to know how adjudicative decisions are rendered.


The Panelists

The event comprises two panels of 40 minutes each: one focused on litigation and the second on regulation. Common themes will be explored across both panels and will compare experiences in both Canada and the United States.

Moderated by The Honourable Justice Jill Presser (Superior Court of Justice), the litigation panel features:

  • Gerald Chan
    Criminal and administrative litigator with Stockwoods LLP
    Co-editor of Litigating Artificial Intelligence, and
    Criminal Lawyers’ Association Criminal Law and Technology Committee Member
  • Ren Bucholz
    Civil trial and appellate with Paliare Roland
    Electronic Frontier Foundation Advisory Board Member
  • Martha Owen
    Public and private sector labor litigator with Deats, Durst & Owen (Texas)

Moderated by Nye Thomas, LCO Executive Director, the regulation panel features:

  • Cary Coglianese
    Edward B. Shils Professor of Law and Professor of Political Science, and Director, Penn Program on Regulation, University of Pennsylvania
  • Paul Daly
    Chair in Administrative Law and Governance, Faculty of Law, University of Ottawa
  • Maya Meideros
    Intellectual property lawyer with Norton Rose Fulbright Canada LLP


The Organizers

This panel discussion is jointly organized by the:


The Giveaway

The event will conclude with a giveaway of two copies of Litigating Artificial Intelligence courtesy of Emond Publishing.


For More Information

Please contact Ryan Fritsch, Law Commission of Ontario:


Additional Reading

Jesse Beatson, Gerald Chan, Jill R. Presser (eds.), Litigating Artificial Intelligence (Emond, May 2020)

LCO, Comparing European and Canadian AI Regulation (November 2021)

LCO, AI Case Study: Probabilistic Genotyping DNA Tools Used in Canadian Courts (June 2021)

LCO, Regulating AI: Critical Issues and Choices (April 2021)

Prof Paul Daly, Artificial Administration: Administrative Law in the Age of Machines (November 2020)

Prof Cary Coglianese, Administrative Law in the Automated State (Dædalus 150(3): 104-120) (October 2021)


Thank You to our Supporters

This event would not have been possible without the support of the following funders of the LCO: