OTTAWA, ON (June 25, 2024):
“If Canada doesn’t get AI policy right, we risk [an]… economic collapse,” warns Barry Sookman in a new report.
In Pulling the Plug on Federal AI Laws: The Problem with the Proposed Amendments to AIDA, Sookman highlights the significant issues arising from the federal government’s proposal to amend the Artificial Intelligence and Data Act (AIDA) and warns of the potential negative impact on Canada’s AI landscape.
Sookman identifies several fundamental flaws in the proposed amendments:
1. Broad and vague regulations: The initial list of high-impact systems is overly broad, offering no clear guidance on what the government intends to regulate. The amendments also fail to provide legal constraints on what can be regulated;
2. Undermining parliamentary sovereignty: AIDA centralizes regulatory authority, allowing the establishment and enforcement of regulations without adequate oversight, thereby undermining parliamentary sovereignty;
3. Incompatibility with international standards: The amendments are not aligned with regulatory frameworks in the US or the EU, isolating Canada from key international partners;
4. Impact on innovation and public safety: The rushed and poorly conceived amendments could hinder AI innovation and adoption in Canada.
Given the transformative potential of AI and the high stakes involved, Sookman calls for a cautious and well-considered approach to AI regulation. He emphasizes the need for extensive public consultation and collaboration with international partners to ensure interoperability and alignment with global standards.
As the Standing Committee on Industry and Technology (INDU) conducts its clause-by-clause review of Bill C-27, the importance of getting AI regulation right cannot be overstated.
“What Parliament does to regulate AI could have far-reaching implications on public safety and other potential harms and on innovation,” cautions Sookman. “We must get this right.”
To learn more, read the full paper here:
Barry Sookman is Senior Counsel in the Technology Law Group of McCarthy Tétrault. The former leader of the firm’s Intellectual Property Group and co-chair of its Tech Group, Sookman is one of Canada’s foremost authorities in information technology, and Internet, AI, copyright, and privacy law.
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