However, there are ethical and legal issues with AI helping self-representing Canadians.

AI technology is being considered for use by Canadians representing themselves in court to improve their legal success. Specially trained generative AI could assist in reviewing court cases, drafting legal documents, and suggesting next steps.

However, experts have raised concerns about potential biases and the further division between wealthy and poor individuals. The National Self-Represented Litigants Project (NSRLP), a research and advocacy organization, asserts that the primary obstacle to accessing justice in Canada is the challenge of affordability. A substantial and increasing disparity already exists between individuals who can afford legal assistance and those who are eligible for legal aid. AI could exacerbate the situation: While simple AI tools might be accessible to the general public at no or minimal cost, advanced platforms could be restricted to larger law firms, potentially leading to an unjust advantage for these firms. (The Globe and Mail)

Still, AI tools, like those already employed in some parts of the world, can help litigants analyze past cases, suggest strategies, and draft documents. Companies like Courtroom5 and Blue J are already offering such services to self-represented litigants (SRLs) in areas such as home foreclosure and medical debt cases. Nevertheless, ethical and legal questions arise about the impact on vulnerable litigants, considering the lack of access to information and potential bias.

While AI could aid in addressing access-to-justice issues, there are worries about its reliability, potential misuse, and impact on procedural fairness. The role of AI in Canada’s legal system is being debated, especially concerning its use by judges and administrative tribunals, which could make it harder for SRLs to challenge decisions.

On the positive side, AI might help assess the experiences and needs of SRLs to inform policy decisions, as demonstrated in a study by researcher David Lundgren for the National Self-Represented Litigants Project (NSRLP).

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