Shadow AI—use of generative artificial‑intelligence tools without official approval—is emerging as a concern for Canadian courts, where many judges are turning to free or commercial services despite a lack of clear policy.
Unapproved AI tools slip into the bench
A recent UNESCO global survey of judges found that most respondents work in environments without sanctioned AI access. Among those who do use AI, 83% reported relying on free or commercial platforms on their own. The survey, part of a broader 2024 study, shows how the phenomenon is hard to measure directly because it often occurs behind closed doors.
Generative AI tools such as ChatGPT are designed for ease of use; no technical background is needed to type a prompt, and basic versions are free. That simplicity has led to a rise in “shadow AI” practices in private firms, where more than 80% of employees admit to using unapproved tools at work.
The public sector, especially the judiciary, receives less attention.
The Canadian Judicial Council’s Guidelines for the Use of Artificial Intelligence warn that uploading draft judgments or personal data to free editing sites poses serious privacy concerns. Yet the lack of an official AI framework means many magistrates continue to experiment with these services in secret.
Potential harms from hidden AI use
One obvious danger mirrors corporate concerns: compromised data security. The 2026 Cost of a Data Breach report noted that incidents involving shadow AI more than doubled to 43% of breaches. When a draft opinion is fed into an unsecured platform, confidential case details could be exposed.
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Another risk is the introduction of inaccurate or fabricated content. A high‑profile incident in the United States involved a judicial opinion that contained misquoted case outcomes and invented statements after a law‑school intern used ChatGPT without the judge’s knowledge. Similar errors have appeared in other jurisdictions, suggesting the problem is not isolated.
Anthropic recently announced that its Claude model will embed a watermark to signal AI‑generated text, a step taken to comply with the EU’s AI Act. If courts begin to audit decisions for such watermarks, undisclosed AI use could be exposed, potentially eroding public confidence.
The rise of shadow AI reflects a tension between technological curiosity and the need for transparent, accountable justice. When judges adopt tools without oversight, they sidestep the safeguards that protect both the integrity of decisions and the privacy of litigants.
Policy experts argue that clear guidelines could curb many of these issues. Courts that adopt explicit AI policies—defining approved platforms, mandating data‑security checks, and requiring disclosure of AI assistance—provide a structured environment that discourages shadow practices.
In practice, a dual approach may be most effective. First, courts should forbid the use of unapproved AI tools and educate bench members about the associated risks. Second, an independent review step could catch obvious AI‑generated errors, such as fabricated citations or erroneous quotations, before judgments are published.
The Canadian Judicial Council is reportedly drafting a formal AI use policy, though details remain under discussion. Until such standards are in place, the judiciary will continue to grapple with the balance between innovation and the duty to maintain transparent, reliable legal outcomes.
