Canadian Judicial Council Issues AI and Digital Evidence Guidelines

The Canadian Judicial Council released two sets of guidelines on Tuesday covering judicial use of AI and the evaluation of digital media evidence, according to Canadian Lawyer. The guidance replaces its 2024 AI guidelines and provides examples of appropriate, high risk and inappropriate uses.

Individual judges generally do not need to disclose AI use for administrative, organizational or editorial work. Courts must disclose which AI tools they use and explain how the systems were evaluated, approved, governed and secured, including their safeguards and oversight.

The digital evidence guidance includes checklists for acknowledged, unacknowledged and indirect AI evidence. It addresses both fabricated evidence and the risk that authentic material could be rejected after unsupported claims of manipulation. The council also advises judges to consider fairness when parties cannot afford forensic experts to assess disputed media.