WHEREAS there is a growing application of artificial intelligence (AI) in Canadian citizenship, immigration and refugee law and delivery, including triaging applications, AI aided decision-making, biometrics, preliminary assessments and risk profiling including use of facial imagery;

WHEREAS forecasting systems for interdicting, curtailing and preventing migration are commonly used internationally, despite calls by Amnesty International and others to ban the use of these technologies; 

WHEREAS AI deployment poses growing concerns about non-transparency, unknown and deepfake possibilities, and perpetuation of bias which can impact the integrity of immigration applications and proceedings;

WHEREAS digital literacy principles and protective frameworks, such as the ones supported by the Council of Europe Draft [Framework] Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law help frame the use of AI in its many manifestations;

BE IT RESOLVED THAT the Canadian Bar Association urge Immigration, Refugees and Citizenship Canada, in the processing and adjudication of citizenship, immigration and protected persons matters, to:

1. Adopt the definitions of AI system, lifecycle, AI provider, AI user and AI subject in the Council of Europe Draft [Framework] Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law;
2. Adopt and codify in the Immigration and Refugee Protection Act:
   • The right to equal treatment, data security and transparency in the use of AI;
   • The right to notice, plain language, explicability, and AI under user control;
   • Training on the need for diversity, inclusion and equity in AI deployment;
   • Practical and remedial alternatives for individuals impacted by AI-influenced determinations; and
   • External peer review audits and consultation.

Moved by Immigration Law Section

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