The Council of Europe Framework Convention on AI: A Missed Opportunity for Canada?

The Convention on AI underscores the need to use AI responsibly and transparently, ensuring that AI-driven decisions do not discriminate or infringe on workers’ rights.

On September 5, 2024, major global players including the United States, the United Kingdom, and the European Union signed the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law. This pivotal agreement aims to create a comprehensive legal framework to regulate the lifecycle of artificial intelligence (AI) systems, ensuring that human rights, democratic values, and the rule of law are respected.

Although Canada participated in the negotiations, it notably refrained from signing the Convention. This raises questions about Canada’s current approach to AI regulation and its willingness to implement effective policies that address the broader impacts of AI on human rights. While Canada has initiated important steps regarding the use of AI within its public sector, critics argue that its regulatory efforts, such as the proposed Artificial Intelligence and Data Act (AIDA) and the Online Harms Act, fall short of what is needed to meet the Convention’s ambitious goals.

Canada’s Response: AIDA and the Need for Consultation

While Canada has shown some interest in regulating AI, particularly in the public sector, its approach has been criticized as insufficient. The Artificial Intelligence and Data Act (AIDA), introduced as part of Bill C-27, aims to regulate high-impact AI systems in the private sector. However, AIDA has faced criticism for its lack of clarity, scope, and the absence of formal public consultation. In contrast, the Convention on AI includes a clear requirement for public and multistakeholder consultation before implementing any AI-related regulations.

AIDA’s focus on the private sector limits its effectiveness without addressing AI use in critical public services such as healthcare, emergency response, or the judiciary. The Online Harms Act, aimed at tackling online safety, also fails to adequately address the broader concerns raised by the Convention, such as safeguarding democratic institutions and preventing the spread of disinformation through AI technologies.

Lessons for Canada: The Importance of a Comprehensive Approach

The Convention on AI allows Canada to align itself with global standards for regulating AI. By refraining from signing the Convention, Canada risks falling behind its international peers in creating a robust framework to address the ethical and societal challenges posed by AI.

Key lessons for Canada include:

Public Consultation is Essential: One of the most significant features of the Convention is its emphasis on public consultation. Engaging with stakeholders from across the public and private sectors, as well as civil society, ensures that AI regulations reflect the diverse concerns of Canadians. AIDA’s lack of public consultation is a missed opportunity for meaningful dialogue on how AI should be regulated.
AI Regulation Must Be Holistic: While AIDA focuses on private-sector AI systems, Canada needs a more comprehensive approach that also regulates the use of AI in public services. The Convention requires governments to adopt legislation that ensures AI is not used to undermine human rights, regardless of whether AI systems are used in the public or private sector.
Strengthen Protection for Human Rights: Canada’s current regulatory efforts, including AIDA and the Online Harms Act, do not adequately address the risks AI poses to human rights.

What Can Employers Learn from AI Regulation?

AI is increasingly being used in workplaces across Canada, from automating recruitment processes to making performance evaluations. As AI adoption continues to grow, it is essential for employers to understand the legal landscape surrounding AI use, particularly in the context of human rights and fairness. The Convention on AI underscores the need to use AI responsibly and transparently, ensuring that AI-driven decisions do not discriminate or infringe on workers’ rights.

Employers should:

Stay Informed About AI Regulations: Monitor developments in AI legislation, including AIDA and other regulations that may impact how AI can be used in the workplace.
Ensure Fairness and Transparency: Implement AI systems that are transparent and fair, avoiding discriminatory outcomes that could violate human rights or employment laws.
Consult with Legal Experts: Before adopting AI technologies, employers should consult with legal professionals to ensure compliance with applicable laws and protect against potential legal liabilities.

A Call to Action for Canada

For Canadian businesses, the evolving legal landscape around AI underscores the importance of adopting responsible AI practices that comply with both existing and emerging regulations. Employers should proactively assess their use of AI and consult with legal experts to ensure they remain compliant with Canadian laws while protecting the rights of their employees. For expert legal guidance on navigating AI regulations and their impact on your business, contact Minken Employment Lawyers (Est. 1990) at 905-477-7011 or email us at contact@minken.com. Our experienced team is here to help you with your employment practices to ensure you understand your rights and obligations under the law.

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Please note that this article is for informational purposes only and does not constitute legal advice.