Project Overview
The Law Commission of Ontario’s (LCO) AI in Criminal Justice: Final Report and Recommendations, released in October 2026, is the culmination of the first comprehensive study of the use and regulation of artificial intelligence (AI) in Canada’s criminal justice system. The Final Report, an Executive Summary and the consolidated List of Recommendations are available.
AI is transforming policing, criminal investigations, evidence, courts, and justice system decision-making. These technologies offer potential benefits, but also raise significant questions about constitutional rights, fairness, accountability, transparency, and access to justice.
Drawing on extensive research and consultations with stakeholders across the justice system, the LCO’s Final Report makes 29 recommendations to promote responsible AI deployment, protect rights, strengthen oversight, and maintain public confidence in the administration of justice.
Despite the diversity of perspectives represented in the consultations, the LCO found broad consensus on the need for clear legal standards, meaningful oversight, and safeguards to ensure that AI is used responsibly in criminal justice.
Issue Paper Authors
As part of this project, the LCO released a series of Issue Papers. Project contributors included a wide range of experts from across the Canadian criminal justice system. Project paper authors include:
- Gideon Christian, Professor of Law, Faculty of Law, University of Calgary
- Armando D’Andrea, Staff Lawyer, Provincial Office, Legal Aid Ontario
- Ryan Fritsch, LCO Policy Counsel
- Brenda McPhail, Senior Technology & Policy Advisor, Information and Privacy Commissioner of Ontario
- Eric Neubauer, Defense Counsel, Neubauer Law, and Co-Chair, Criminal Lawyers Association Technology Committee
- Marcus Pratt, Senior Advisor, Policy Department, Legal Aid Ontario, and Chair of the LAO Test Case Committee
- Jagtaran Singh, Legal Counsel Ontario Human Rights Commission
- Nye Thomas, LCO Executive Director
- Paula Thompson, Strategic Initiatives, Ministry of the Attorney General
Advisory Committee
- Alpha Chan – Chief Information Security Officer, Toronto Police Services
- Rosanna Giancristiano – Director, Court Operations, Ministry of the Attorney General
- Megan Howatt – Counsel, Office of the Chief Justice of the Superior Court of Justice
- Tamir Israel – Director of Privacy, Surveillance and Technology, Canadian Civil Liberties Association
- Alan Jaffee – Senior Policy Advisor, Policing Standards Section, Solicitor General
- Rosemarie Juginovic – Office of the Chief Justice, Ontario Superior Court of Justice
- Associate Professor Daniel Konikoff – Department of Sociology, University of Alberta
- Elena Middelkamp – Crown Law Office Criminal, Ministry of the Attorney General
- Savio Pereira – Policing Standards Section, Ministry of the Solicitor General
- Professor Ben Perrin – Faculty of Law, University of British Columbia
- Shakir Rahim – Director, Criminal Justice Program, Canadian Civil Liberties Association
- Professor David Murakami Wood – Department of Criminology, University of Ottawa
- Dina Zalkind – Policy Counsel, Legal Aid Ontario
What Issues Are Being Looked At?
Artificial intelligence is increasingly being used in criminal justice systems to support investigations, analyze evidence, assess risk, and inform decisions. Technologies such as facial recognition, license plate readers, predictive policing, and AI-assisted evidence analysis raise significant legal and policy questions, particularly where their use affects individual rights and liberties.
Canada lacks a comprehensive legal framework governing the use of AI in criminal justice. Building on its earlier Issue Papers and consultations, the LCO examined gaps in existing laws and procedures, including concerns about reliability, discrimination, transparency, accountability, and the ability to challenge AI-assisted decisions and evidence.
Current Project Phase
The LCO released its AI in Criminal Justice: Final Report and Recommendations in October 2026, following extensive research and consultations with criminal justice stakeholders, legal experts, community organizations, government representatives, and the public.
The project is now focused on sharing the Final Report’s findings and recommendations with policymakers, justice system institutions, legal professionals, and the public.
Key Recommendations
The LCO’s 29 recommendations aim to establish a criminal justice AI framework and resources across the criminal justice system to respond to AI.
1. Establish a provincial criminal justice AI framework (Recommendations 1-3)
- Establish an overarching “responsible AI” framework for Ontario’s criminal justice system to ensure the use of AI systems promote public safety, protect legal rights and build public trust.
2. Enact provincial criminal justice AI legislation (Recommendations 4-9)
- Establish a comprehensive, consistent baseline for AI systems in criminal justice through provincial legislation that sets out key AI governance requirements.
3. Establish a Criminal AI Risk Management Framework (Recommendations 10-15)
- Establish a comprehensive risk management framework for AI systems in Ontario’s criminal justice system, identifying risk categories, uses, and mitigation measures.
4. Strengthen AI oversight, assessment, and procurement requirements (Recommendations 16-20)
- Establish additional legislative and regulatory requirements for AI systems in criminal justice, including a public AI registry, standardized risk assessments, digital sovereignty, and procurement.
- Establish a dedicated supervisory body for AI systems in criminal justice.
- In the interim, assign additional reporting, oversight, and advisory functions to Ontario’s Inspector General of Policing, Law Enforcement Complaints Agency, and other institutions.
5. Establish rules for AI evidence (Recommendations 21–24)
- Develop dedicated evidentiary rules for AI-created or AI-enhanced evidence used in criminal investigations and proceedings, accounting for the shared jurisdiction of provincial and federal governments and relevant Rules committees.
6. Strengthen access to justice and system capacity (Recommendations 25–29)
- Ensure criminal accused and defence counsel have meaningful access to justice in proceedings involving AI systems.
- Strengthen the capacity of provincial criminal justice institutions to respond effectively to the challenges posed by AI.
The full list of recommendations is available in the Final Report, the Executive Summary, and the List of Recommendations.
Project Lead and Contacts
The Project Lead is Ryan Fritsch. He can be contacted at RFritsch@lco-cdo.org.
The LCO can be reached at LawCommission@lco-cdo.org.