In a context where the Supreme Court of Canada is struggling to translate its old rulings, Chief Justice Richard Wagner sees artificial intelligence (AI) as a potential tool. But the idea is not unanimous among experts, who call for “caution” and not “skipping steps”.
“I see a very positive interest in artificial intelligence in terms of the translation of decisions,” admitted Me Wagner, who wishes to take advantage of this tool to “facilitate access to justice”. The technology, however, presents “serious dangers” of “disinformation,” he warns, explaining that the court is currently consulting experts, including Montreal pioneer Yoshua Bengio.
“It is very important, as the Chief Justice did, to seek balance, to have a nuanced, cautious approach,” comments University of Ottawa law professor Karen Eltis. Especially since the use of AI can put the court in a situation of “dependence” on “commercial third parties” and threaten the confidentiality of legal data, she warns. According to Mme Eltis, the institution should choose or design a “tool that is appropriate and reflects its values”, while keeping in mind that technology is not “infallible”.
If she sees potential in the idea of using AI to translate decisions, the professor emphasizes that “legal translation has particular challenges. It’s not just translating, but interpreting the law.”
“It is not very prudent to translate decisions of the Supreme Court of Canada using a simple tool,” indicates the director of the Cyberjustice Laboratory at the University of Montreal, Karim Benyekhlef. “Between translating instructions for a vacuum cleaner and translating a Supreme Court judgment, it’s not quite the same thing. » There are “subtleties, particularities, distinctions. This is the essence of law.” The professor thus believes that such a tool can “never replace a translator who is a lawyer”.
Mr. Benyekhlef criticizes the Supreme Court for “skipping steps”, particularly if it were to integrate AI into decision-making. “Other digital tools that exist and can facilitate access to justice” should, according to him, be prioritized. AI can, however, simplify searches or filter information in a “mass of documents,” he emphasizes.
“Artificial intelligence tools are very useful. […] I am not against […], but I am always very, very careful because I know that these tools are wrong, that they are not 100% efficient, and that an error rate in a subject like law is very dangerous. »
No means to translate old judgments
Once its use has been “marked”, artificial intelligence could become an “aid” for translation, maintains Mme Eltis. A tool that would be valuable, in a context where the highest court in the country claims not to have the money or the resources to translate the approximately 6,000 unilingual judgments published before 1970, even if the Commissioner of Official Languages has determined that it This was a violation of the Official Languages Act.
Questioned on this subject Monday by the media, Judge Wagner reiterated that “a series of pitfalls” prevents the Supreme Court from remedying the situation. The court estimates that this would cost “between 10 and 20 million dollars”, and would require the work of “a hundred interpreters” over 10 years. “We don’t have that money. So, if there is someone who has it, so much the better, it will please those who are fans of legal cultural heritage,” he said. Car Me Wagner believes that “the legal interest of these historic decisions is very minimal”.
A declaration and apologies which do not pass muster to Droits collectives Québec (DCQ), which has already filed a complaint on this subject with the Commissioner. “It now appears more and more obvious that the Supreme Court of Canada (SCC) has no intention of respecting the Official Languages Act. Faced with such a case, DCQ will have no other choice than to appeal to the courts to ensure that the CSC respects the rights of Quebecers and all French-speaking Canadians,” declared the general director of the organization, Étienne-Alexis Boucher.
This report is supported by the Local Journalism Initiative, funded by the Government of Canada.