A recent LexisNexis Canada webinar, AI in the Atlantic Courts – Current State and Perspectives from New Brunswick and Newfoundland and Labrador, featuring Justice Maya Hamou of the New Brunswick Court of King's Bench and Justice Peter Browne of the Supreme Court of Newfoundland and Labrador, offered a useful glimpse into how Canadian judges are experiencing AI's growing presence in litigation. While much of the public discussion focuses on efficiency, the judicial perspective is centred on a different question: 

How can courts ensure that accuracy, reliability, and professional judgment are maintained?

Perhaps the most thought-provoking concern relates to the development of the law itself. 

AI tools may subtly alter established legal language. If an altered version of a legal test finds its way into submissions and is accepted without careful scrutiny, courts could inadvertently apply or repeat that variation. 

Over time, this raises concerns about the consistency and integrity of the jurisprudence on which the legal system depends.

At the same time, courts are exploring responsible uses of AI internally. The webinar highlighted a Quebec Superior Court pilot project involving volunteer judges who used specialized AI tools for tasks such as citation verification. The vast majority of the judges who took part in the pilot felt the tools could be used without undermining their independent judgment and autonomy.

Key takeaway:

The discussion suggested that carefully defined AI applications may offer efficiency gains without compromising judicial independence or professional judgment.

The overarching message was a nuanced one. Courts do not appear focused on whether lawyers use AI. The greater concern is whether lawyers continue to exercise independent judgment and maintain responsibility for the work product they put before the court.

 As AI becomes more deeply embedded in legal practice, human oversight remains the essential safeguard.