Navigating Bias and Transparency in AI-Driven Administrative Decisions

Presented by the CBA Alberta Administrative Law South Section

On Demand. Originally presented on February 23, 2024.

Automation and Artificial Intelligence (AI) are no longer science fiction — they are fast becoming basic science that is reshaping administrative decision-making processes. As these technologies increasingly integrate into our administrative decision-making processes, questions arise: Who is actually the decision-maker where AI is utilized in administrative decision-making – the human or the machine? How will administrative decision-makers account for various biases proven to exist in these technologies? How do we ensure fairness in the administrative decision-making process incorporating these technologies – procedural fairness being the bedrock of administrative decision-making?  What about transparency – how do we ensure transparency in the decision-making process incorporating AI technologies.

The issues arising from the use of AI in administrative decision-making extend beyond the decision-making process. They also extend to judicial oversight of such administrative decisions, especially when such decisions are subject to judicial review by the court - when the reviewing tribunal is now confronted with the reasonableness (or lack of it) of the decision arising from that process.

The presentation will examine recent Canadian cases that have navigated the complex interplay of AI in administrative decision-making processes and the broader implications of these cases on future litigation.

SPEAKER

Dr. Gideon Christian PhD (Assistant Professor (AI and Law), Faculty of Law, University of Calgary)

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