The HRIA is the first tool of its kind to be based on Canadian human rights law
The Law Commission of Ontario has released a background paper on the AI Human Rights Impact Assessment tool unveiled last November in partnership with the Ontario Human Rights Commission.
The tool is the first of its kind to be based on Canadian human rights law. According to the legal body, provincial and federal legislation have indicated that HRIA obligations could be implemented for Canadian AI systems; examples of laws include the proposed federal Artificial Intelligence and Data Act and the recently passed Enhancing Digital Security and Trust Act, 2024.
These laws require AI developers to determine, evaluate, and mitigate possible harm and bias while developing AI systems with significant impact. They also require public sector entities to introduce accountability frameworks.
The Law Commission found that while Canadian organizations are developing or have developed dedicated AI governance models addressing issues like data security, privacy, and copyright, many initiatives do not factor in human rights and are based on either global norms of ethical AI or foreign legislation. The commission also noted that governments, agencies, and private sector organizations are legally obliged to comply with Canadian human rights laws such as the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and the Ontario Human Rights Code –whether or not a human rights impact assessment is a legal requirement.
The Law Commission indicated that the HRIA is one part of a broader strategy to advocate for human rights in AI systems.
“HRIAs are one component of a sophisticated, multifaceted AI governance strategy that should include legislation, regulations, auditing requirements, disclosure requirements, oversight bodies, and remedies,” the legal body wrote in the paper.
The Law Commission invited feedback from Ontarians on AI impact assessments, human rights, and AI governance in general. The Canadian Human Rights Commission also contributed to the development of the HRIA.
