1. Title of Resolution:

Use of Artificial Intelligence in Immigration Law and Delivery

2. Estimated cost of implementation to CBA:

(Including the amount of any increase in budget requirements, any potential savings, and the amount of staff time to implement the resolution) Note: National Office staff can assist in calculating implementation cost.

CBA staff time to support related advocacy efforts, such as meetings with government officials and other stakeholders, can be implemented in current budgetary allocation.

3. Contact person who can assist the Board of Directors to implement the Resolution:

Name: Mario Bellissimo
Firm name: Bellissimo Law Group, Toronto
Telephone: (416) 787-6505
E-mail: mdb@bellissimolawgroup.com

4. Implementation Calendar

(List steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step)

Spring 2024: Immigration Law Section will engage with IRCC on its policies and directives on the use of AI, and make practical recommendations, where appropriate, on a use of AI that is consistent with the resolution.

Ongoing: Immigration Law Section to host CPD opportunities on use of AI in immigration practice.

5. Indicator of Success

(The practical result which, if achieved, will show that the Resolution has been successfully implemented by the CBA.)

Increased understanding for members of the Immigration Bar of the limits and benefits of AI-use in immigration practice.

Open dialogue with IRCC on AI-use in their processes.

Implementation and codification of principles outlined in the resolution.

6. Any information not appearing on the face of the Resolution to inform the deliberations:

(Attach or link to any background papers or other documentation in addition to this form which should be submitted to the Annual Meeting with the Resolution. Attach or link to documentation in both French and English, where it exists in both official languages.)

Council of Europe, Committee on Artificial Intelligence (CAI), Revised Zero Draft [Framework] Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law, January 2023.

Bellissimo, Mario D (October 2023) Techno-Centric Decision-Making in Canadian Immigration Law and Practice: Artificial Intelligence Deployment – How Can the Existing Canadian Immigration Legal Eco-System and Immigration Advocates Respond to the Use of AI Technologies? Publication in Immigration Law Reporter pending.

The White House, (22 October 2022) What Is the Blueprint for an AI Bill of Rights?.

White House Office of Science and Technology Policy. (October 2022) Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People. The White House.

Future of Life Institute. (22 March 2023) Pause Giant AI Experiments: An Open Letter.

Harari, Y. (28 April 2023) Yuval Noah Harari argues that AI has hacked the operating system of human civilization. The Economist.

Committee on Artificial Intelligence (7 July 2023) Consolidated Working Draft of The Framework Convention on Artificial Intelligence, Human Rights, Democracy, and The Rule of Law. Council of Europe.

Feingold, S. (28 March 2023) The European Union's AI Act, Explained. World Economic Forum.

European Commission, (21 April 2021) Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts, Document No. 8115/21.

European Commission, (29 September 2022, updated 20 June 2023) Regulatory framework Proposal on Artificial Intelligence.

Hakobyan, M. (11 May 2023) EU: Ban on most harmful use of AI moves a step closer. Amnesty International.

OECD AI. (2021) Database of National AI Policies.

Government of Canada. (25 April 2023) Directive on Automated Decision-Making.

Government of Canada. (25 April 2023) Algorithmic Impact Assessment tool.

Government of Canada. (6 September 2023) Guide on the use of Generative AI.

Innovation, Science and Economic Development Canada. (13 March 2023) The Artificial Intelligence and Data Act (AIDA) – Companion document. Government of Canada.

Morgan, C., Langlois, F., Gobeil, G., & Wijeyasuriyar, V. (28 March 2023) One Step Closer to AI Regulations in Canada: The AIDA Companion Document. McCarthy Tetrault..

McEvenue, P. & Mann, M. (2019) Case Study: Developing guidance for the responsible use of artificial intelligence in decision making at Immigration, Refugees and Citizenship Canada. Law Society of Ontario, Special Lectures 2019.

Daly, P. (25 May 2023) Mapping Artificial Intelligence Use in the Government of Canada. 20 Governance Review p. 18. (Forthcoming).

Bellissimo, M. (2019, October). Techno-Centric Evolution of Discretionary-Decision Making in Canadian Immigration Law How Can Counsel Respond? AQAADI national conference 2019. p. 11. See also Bellissimo, M. (2021, November). Techno-Centric Evolution of Discretionary-Decision Making in Canadian Immigration Law How Can Counsel Respond? ImmQuest, (Carswell)

Molnar, P. (2019, December). Technology on the margins: AI and global migration management from a human rights perspective. Cambridge International Law Journal

7. (i) Person moving Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Mario Bellissimo
Firm name: Bellissimo Law Group, Toronto
Telephone: (416) 787-6505
E-mail: mdb@bellissimolawgroup.com

7. (ii) Person seconding Resolution:

Will be present at Annual Meeting: Yes ☒ | No ☐

Name: Zeynab Ziaie
Firm name: Ziaie Law, Toronto
Telephone: (867) 667-3992    
E-mail: zeynab@ziaielaw.com

7. (iii) Branch, Section, Committee or Subcommittee sponsoring resolution, if any:

Immigration Law Section

8. Branches, Sections, Committees or Subcommittees directly affected by implementation of this resolution:

Immigration Law Section, Privacy and Access Law Section, Intellectual Property Section