The British Columbia Branch of the Canadian Bar Association (CBABC), has submitted a comprehensive response to the British Columbia Law Institute’s (BCLI) consultation paper on artificial intelligence and civil liability.
In its response, the CBABC considers the recommendations of the BCLI on the application of tort law to AI software. The CBABC’s thoughtful response highlights some of the challenges of traditional tort law approaches in this case of AI, given that its own committee was divided on almost every issue under consideration.
Overall, the CBABC’s view was that Canadian courts should take a broad interjurisdictional perspective, drawing on widely recognized national and international best practices and national and international regulatory standards in the design, development, and operation of artificial intelligence systems. But its response also favoured legislative action to set precise standards for civil liability concerning AI.
Overall, the CBABC’s response to. the BCLI underscores the complexities and legal intricacies involved in integrating AI systems within the existing frameworks of negligence and civil liability.