Release Of First-Ever AI Human Rights Impact Assessment Tool Based On Canadian Human Rights Law

On November 6, 2024, the Law Commission of Ontario (LCO) in collaboration with the Ontario Human Rights Commission (OHRC) released the first Human Rights AI Impact Assessment tool (the HRIA) based specifically on Canadian human rights law. The HRIA is intended to help both private and public organizations evaluate and mitigate the human rights risks associated with artificial intelligence (AI) systems.

The LCO and OHRC identified a gap with current AI impact assessments, which are largely based on non-Canadian laws/norms and overlook human rights issues (by, instead, focusing more on privacy, data security and other regulatory compliance issues). In response, they developed the HRIA to provide a structured framework to assist designers, developers, operators and owners of AI systems to identify and reduce bias and discrimination in their AI systems and encourage Canadian human rights law compliance throughout their AI systems’ life cycles.

The HRIA is divided into two parts, each outlining a series of questions and explanations:

• Part A focuses on assessing the AI system’s impact and identifying potential discrimination risks. It sets out questions to help organizations determine whether their AI system (i) is “high risk” for human rights issues; (ii) demonstrates differential treatment on protected grounds and such treatment is justified; and (iii) is accommodating different needs. 
• Part B focuses on response and mitigation. It provides questions aimed at assisting the organization in minimizing the human rights issues identified in Part A.

Organizations are advised to complete the two-part assessment outlined in the HRIA in the following circumstances:

• when the idea for the AI system is explored and developed;
• before the AI system is made available to external parties;
• within 90 days of a material change in the system; and
• yearly as part of regular maintenance and reviews.

Summary By: Victoria Di Felice