AI in Criminal Justice

Project Overview

The Law Commission of Ontario’s AI in Criminal Justice Project is a groundbreaking survey and analysis of artificial intelligence (AI) in the Canadian criminal justice system.

The project includes an Introduction and Summary and four project Issue Papers, written by a broad cross-section of criminal justice experts. Each Issue Paper considers the use of AI in a distinct stage of the criminal justice process, including:

An Executive Summary and List of Consultation Questions is also available.

Project Materials

Introduction and Summary

Use of AI by Law Enforcement

AI and the Assessment of Risk in Bail, Sentencing, and Recidivism

AI at Trial and on Appeal

AI and Systemic Oversight Mechanisms

Annex A : Executive Summary and List of Consultation Questions

Annex B: Project Case Studies

Accessible Word versions are also available.

What Issues are Being Looked At?

Across the world, the criminal justice system has been at the forefront of the adoption of AI. Criminal jurisdictions outside of Canada employ AI to improve police investigations, analyze evidence, assist judicial decision-making, improve data analysis, and target resources.

AI technologies used in criminal justice today include predictive policing, facial recognition technology (FRT) and biometric surveillance, social media analysis, licence plate readers, bail and sentencing algorithms, drones and many other applications. Many of these systems have reportedly been used in Canada.

Many police services and others believe FRT and related technologies are “game changers” that could transform the criminal justice system. At the same time, it is widely acknowledged that criminal AI systems raise profound risks of false arrest; mass surveillance; biased policing; human rights and privacy violations; erosions of procedural fairness; and reduced access to justice.

In response to these risks, “trustworthy criminal AI” regulation is moving fast in Europe and the United States. Canadian Privacy Commissioners and some police services have taken important steps, but there are still no laws governing the use of AI by law enforcement, prosecutors, courts, or legal counsel in Ontario or Canada.

The LCO project is the first comprehensive, collaborative study to look at these important and timely issues. Questions considered include:

What are the practical and legal questions confronting Canadian police, courts, policymakers, Crowns, defence counsel and criminal accused, including:
- What AI tools are being used, or could be used, in the Canadian criminal justice system?
- What are the benefits and risks of these technologies?
- What Charter, evidence, procedural, criminal common law and access to justice issues could arise?
- What is the state of Canadian law and procedures to address these issues, and what proactive steps are needed to meet the challenges of AI in criminal justice?
What communities, actors and institutions are likely to be affected by AI in the criminal justice system?
What are the potential responses to AI at each stage of criminal justice and systematically? How do international and Canadian “trustworthy criminal AI” initiatives compare? What can Canadian policymakers learn from other jurisdictions?
What could happen if policymakers don’t act?

Project Contributors

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

The LCO Criminal AI project Advisory Group also provided invaluable support throughout the project.

Advisory Group

Alpha Chan, Chief Information Security Officer, Toronto Police Services
Marco Galluzzo, Office of the Chief Justice, Ontario Superior Court of Justice
Rosanna Giancristiano, Director, Court Operations, Ministry of the Attorney General
Rosemarie Juginovic, Office of the Chief Justice, Ontario Superior Court of Justice
Associate Professor Daniel Konikoff, Department of Sociology, University of Alberta
Michelina Longo, Director, External Relations, Ministry of the Solicitor General
Jessica Mahon, Policing Standards Section, Ministry of the Solicitor General
Jane Mallen, Ministry of the Attorney General and LCO Board of Governors
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
Michael Swinburne, Senior Policy Advisor, Canadian Human Rights Commission
Professor David Murakami Wood, Department of Criminology, University of Ottawa

Project Consultations

Each project paper includes a comprehensive list of questions that Canadian policymakers and stakeholders need to consider. The project Executive Summary includes a consolidated list of consultation questions.

The LCO’s consultation process starts with the release of these Issue Papers and will continue through the summer 2025.

The LCO wants to hear from a broad range of stakeholders including lawyers and legal organizations, NGOs, industry representatives, academics, government and justice system leaders, and individual Ontarians interested in the operation of the criminal justice system.

The LCO is strongly committed to partnering with interested organizations and stakeholders to develop consultation initiatives. Individuals or organizations interested in working with the LCO are encouraged to contact our Project Lead.

The LCO also encourages written submissions, which can be sent to the LCO’s general email address at LawCommission@lco-cdo.org.

The deadline for written submissions is July 7, 2025.

Contact

The LCO’s Project Lead is Ryan Fritsch. Ryan can be contacted at rfritsch@lco-cdo.org.

The LCO can also be contacted at:

Law Commission of Ontario
2032 Ignat Kaneff Building
Osgoode Hall Law School, York University
4700 Keele Street
Toronto, Ontario, Canada
M3J 1P3
LawCommission@lco-cdo.org

Project Documents