Safety in Artificial Intelligence & Robotics Governance in Canada

Forthcoming in The Canadian Bar Review, 2023

30 Pages Posted: 21 Mar 2023

See all articles by Kristen Thomasen

Kristen Thomasen

University of Windsor, Faculty of Law ; Peter A. Allard School of Law, the University of British Columbia

Date Written: March 14, 2023

Abstract

This essay explores the idea of “safety” in artificial intelligence (AI) and robot governance in Canada. Regulating robotic and AI-based systems through a lens of safety is a vital, but elusive, task. In Canada, much governance of robotic and AI systems occurs through public bodies and structures. While various laws and policies aim to ensure that AI and robotic systems are used “safely,” the meaning and scope of “safety” are seldom, if ever, explicitly considered. Safety is not a neutral concept and determining what kinds of technologies and applications are “safe” requires normative choices that often go unexpressed in the law and policy-making process. Broad appeals to the policy goal of “safety” can bring conduct or regulation into conflict with the actual safety of individuals and communities. Expanded thinking about “safety” and governance in relation to automated technologies is needed, along with greater precision in law and policy goals.

Scholars and activists, particularly those advocating for the abolition of state policing and the prison industrial complex, have robustly critiqued and re-theorized the concept of “safety” in law and policy, particularly in ways that are cognizant of equitable and collectively beneficial outcomes. To imagine a society without policing and prisons, abolitionist thinkers engage in a systemic critique of how society, communities, and the state understand and seek to attain “public safety.” Thus, abolitionist writers engage in a deep rethinking of the concept of “safety” and methods for creating safety, generating a richness that would benefit current discussions about AI and robotics governance.

This paper explores some of this scholarship and relates it back to how we might understand and critique the use of “safety” in AI and robotics governance in Canada.

Keywords: Artificial Intelligence, Robotics, Law & Policy, Governance, Abolition, Safety, Public Safety

Suggested Citation

Thomasen, Kristen, Safety in Artificial Intelligence & Robotics Governance in Canada (March 14, 2023). Forthcoming in The Canadian Bar Review, 2023, Available at SSRN: https://ssrn.com/abstract=4387804 or http://dx.doi.org/10.2139/ssrn.4387804

Kristen Thomasen (Contact Author)

University of Windsor, Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

Peter A. Allard School of Law, the University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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