What are the risks of AI in the Canadian workplace?
Unfair dismissal claims: If AI begins to perform the same tasks as employees today, the need for employees to perform certain job functions could be reduced or even eliminated. Significant changes to a Canadian employee’s job duties may give rise to a claim for damages on the basis of constructive dismissal and may result in significant liability for the employer. At common law, employee damages can range from one month to 24 months.
Information Privacy and Confidentiality: AI systems protect confidential information of employers, confidential information of third parties controlled by employers, and personal information subject to privacy laws (Personal Information Protection and Electronic Documents Act (PIPEDA) and personal information) may not be adequately protected. Protection of Alberta and British Columbia Act (PIPA).
Copyright infringement: The use of AI can raise copyright infringement issues. Does an employer have the right to input certain content into an AI system? Who owns the copyright to AI-generated content? Does the creation of AI-generated content infringe the copyrights of third parties?
Discrimination in Employment: Each province in Canada has human rights legislation. Prohibited grounds of discrimination include disability, race, ethnic origin, age, and similar grounds. Therefore, human rights considerations may be raised when AI is used for decision-making related to recruitment, hiring, performance management, and pay equity. Employers that use AI to make such decisions are vulnerable to claims that their decisions discriminate between individuals on grounds prohibited by human rights law.
Tort claims: If an individual is harmed by an AI system developed or implemented by a company, that individual can claim that the company is negligently responsible for the damage experienced. In Canada, Canadian tort claims can also be brought if an AI system creates a “deepfake” that alters or duplicates a person’s voice or image. Examples include interference with economic relationships, intentional infliction of emotional distress, and invasion of privacy for promotional purposes that place individuals in danger. A false light in the eyes of the world.
