Quebec courts say generative AI cannot replace judges’ reasoning
Quebec's judiciary has issued new rules restricting the use of generative artificial intelligence by judges, emphasizing that human judgment remains essential. The guidelines, adopted by multiple courts across the province, state that while AI can aid in certain tasks, it cannot replace judicial reasoning, evidence assessment, or deliberation. Judges must retain full responsibility for their decisions and the accuracy of the facts presented.
The 10-page document warns that generative AI lacks judgment, conscience, and accountability, and cannot comprehend the unique human, social, and legal context of each case. It highlights that existing tools rely on opaque algorithms and that there are currently no approved, secure institutional AI tools for judges to use. Judges are cautioned not to share draft judgments, case notes, or protected information with AI systems, as this could compromise confidentiality and security.
The guidelines emphasize that AI cannot be used for substantive legal reasoning, fact interpretation, credibility assessment, dispute resolution, or decision drafting. If AI is used, its settings must prevent the input data from being used to train or improve the system. Judges are advised to exercise caution and refrain from using generative AI when in doubt.
These rules aim to protect judicial independence, impartiality, fairness, human rights, and access to justice, while ensuring confidentiality, security, and data protection. The move follows concerns about a Quebec judge potentially using AI to generate case law references. The guidelines aim to establish clear rules for the responsible use of AI in the Quebec judiciary.
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