Risk assessment tools on trial: Lessons learned for “Ethical AI” in the criminal justice system

Abstract

In 2018, the Supreme Court decision of Ewert v Canada confirmed that risk assessment tools such as the psychopathy checklists used by Correctional Services of Canada (CSC), failed to account for cultural heritage of the offender, specifically Indigeneity and the impact of colonialism on Canada’s Aboriginal communities. A further review of Canadian case-law post-Ewert reveals that Canadian courts continue their reliance on risk assessment tools despite the critiques from the legal community and from the Supreme Court of Canada. This paper reviews lessons learned from the Canadian experience of Ewert’s challenge of risk assessment tools and to highlight ethical concerns that are being considered in the implementation of artificial intelligence in the criminal justice system.