Artificial Intelligence and Administrative Law in Canada: Striking the Right Balance

From chatbots to predictive analytics, artificial intelligence (AI) is fundamentally reshaping how organizations deliver services and manage workloads. For Canadian administrative tribunals, under pressure to improve access to justice, reduce backlogs, and meet growing digital-era expectations, the potential of AI can be both promising and complex.

The central challenge: How can tribunals adopt AI tools while safeguarding fairness, transparency, and public confidence?

What AI Means for Administrative Tribunals

In practice, AI in administrative law serves as a complementary tool that supports human decision-making rather than replacing it.

Common examples include:

• Tools that assist with case triage, document management, scheduling, or translation.
• Decision-support systems that analyze trends or generate draft outcomes.

Many tribunals already use “AI-like” technologies, even if they aren’t labelled as such (e.g. e-filing platforms that automatically sort cases by type, or scheduling systems that optimize hearing calendars). The key question lies in how close the technology gets to the core judicial function of decision-making - this is where the risks and opportunities become more pronounced.

“The use of AI by administrative decision-makers has significant benefits and drawbacks.  While AI should be employed to assist tribunals in managing heavy caseloads and document-intensive cases, AI cannot usurp the adjudicative function of those making decisions that affect the rights and privileges of Canadians. 

Over the course of the next decade, it is likely that doctrines which have not gained currency in Canadian administrative law, like the doctrine of legitimate expectations, for example, will become more important as Courts determine the extent to which administrative decisions have been improperly influenced by AI.  Persons affected by these decisions may claim a ‘legitimate expectation’ that a human being ultimately made the decision in question.”

— Marco P. Falco, Partner, Judicial Review and Appellate Litigation, Torkin Manes LLP (Toronto)

Opportunities and Benefits of AI in Administrative Justice

AI offers tangible benefits for Canadian tribunals facing resource constraints and increasing caseloads:

• Efficiency Gains: AI-assisted triage can prioritize urgent matters, and smart scheduling tools can help reduce administrative bottlenecks.
• Consistency in Outcomes: AI can spot trends and patterns across thousands of past cases, helping to reduce disparities and allow decision-makers to quickly assess historical application of principles.
• Improved Access to Justice: For self-represented parties, AI-driven chatbots or interactive portals can provide plain-language guidance, allowing individuals to better prepare for hearings. Translation and accessibility tools can also break down barriers for those with language or disability needs.

Where used thoughtfully, AI has the potential to help tribunals overcome systemic challenges and deliver outcomes that are more accessible, efficient, and fair, while safeguarding the integrity of human judgment that lies at the heart of decision-making. 

Risks and Challenges: Fairness, Transparency, and Accountability

Alongside its promising opportunities, AI also introduces complex risks to the realm of administrative law:

• Transparency: If a decision is influenced by an algorithm, how can tribunals provide clear reasons that meet the legal standard for justification, transparency, and intelligibility?
• Bias: AI learns from data and if that data reflects historical inequities, could AI perpetuate those inequities in future decisions?
• Accountability: If an AI tool suggests an outcome, who is accountable for errors?
• Legal Legitimacy: Can a decision generated, in whole or in part, by AI provide intelligible reasons? Would courts uphold such decisions?

These risks underscore the need for caution and accountability when integrating AI into tribunal processes. Transparency, fairness, and legal legitimacy cannot be compromised, even as technology evolves. Ultimately, AI should serve as a tool to enhance, not erode, the principles that underpin administrative justice.

Guardrails for Responsible AI Use

To balance innovation and integrity, tribunals can adopt these safeguards:

• Human Oversight: Tribunal members should always remain the final decision-makers. AI tools can support, but not replace, human judgment.
• Transparency: Tribunals must be open about when and how AI is used. Parties should never be left guessing whether an algorithm influenced their case.
• Bias Audits: Regular independent reviews of AI systems can help identify unfair patterns or unintended consequences.
• Training: Tribunal members and staff need to understand how AI works, what its limits are, and how to critically assess its outputs. Blind reliance on technology must be avoided.
• Proportional Use: Not every problem requires AI. Tribunals should deploy AI tools only where they add genuine value without compromising fairness.

FAQs: AI and Administrative Law in Canada

• Can AI make decisions in Canadian tribunals?
  AI can provide supportive functions for tribunal members, but it does not replace human adjudicators. Final decisions must be determined by tribunal decision-makers, ensuring human judgment, fairness and accountability.
  
  
• What laws govern AI use in Canadian administrative justice?
  Currently, there is no single regulatory framework governing the use of AI in Canada’s administrative justice system. However, any application of AI by tribunals must comply with federal and provincial privacy laws and uphold equality rights among others. The Government of Canada’s Directive on Automated Decision-Making also provides guidance on standards for using AI and automated systems in federal administrative decision-making.
  
  
• How can tribunals ensure AI tools are unbiased?
  Tribunals can mitigate bias through regular audits, transparency reporting, and independent oversight. Diverse training data, explainable AI models, and continuous monitoring are essential safeguards to maintain impartiality.
  
  
• Is AI already used by Canadian tribunals?
  Yes, in limited ways. For example, AI tools help some tribunals manage caseloads, automate scheduling, and translate materials.
  
  
• What’s the best way to adopt AI responsibly?
  Responsible adoption begins with a thoughtful, measured approach. Start with small, low-risk applications and expand gradually as confidence and expertise grow. Make sure tribunal members have a clear understanding of how AI tools function and the ways they may influence decision-making. Above all, maintain human oversight at every stage to safeguard accountability and fairness.

Drawing the AI Line in Canadian Administrative Justice

AI is inevitable in Canada’s administrative justice system. The question is not if, but how it should be used. Canadian tribunals must balance efficiency with fairness, ensuring that technology never replaces human judgment.

For tribunals ready to explore AI’s potential, you don’t have to navigate this unchartered territory alone. With trusted guidance and resources from LexisNexis Canada, tribunal members can adopt AI confidently, ethically, and with transparency at the forefront.  

• Lexis+ AI with Protégé
  This next-generation legal research and solutions platform demonstrates how AI can enhance, not replace, decision-making. Lexis+ AI helps users quickly analyze large volumes of case law while keeping human expertise firmly at the center. Tools like Protégé ensure that outputs are explainable and reliable.
• LexisNexis Canada Legal Insights
  Regular updates, commentary, and practice notes on administrative law and technology provide tribunals with the context they need to apply AI-related developments responsibly.
• LexisNexis Canada Webinars on AI
  LexisNexis Canada regularly hosts expert-led webinars that explore how artificial intelligence is shaping the legal and tribunal landscape. These sessions provide legal professionals with practical insights into responsible AI adoption, emerging risks, and opportunities for improving efficiency without compromising fairness.
• LexisNexis Canada AI Insider Community
  The AI Insider Community is a resource hub created by LexisNexis Canada for legal professionals, tribunal members, and decision-makers who want to stay informed about artificial intelligence. Members gain early access to insights on how AI is shaping the justice system, along with practical guidance for responsible adoption.

By grounding AI adoption in these trusted frameworks, tribunals can innovate with confidence while protecting the core values of administrative justice.